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Tender documents of 66

The Principal LNG Croatia LLC, Savska cesta 88a, 10000 Zagreb, PIN: 53902625891, (hereinafter: Principal), is conducting the following:

OPEN PROCUREMENT PROCESS for the conclusion of the services procurement contract

Zagreb, June 2015

Tender documents

(hereinafter: TD)

For the procurement of tender documents preparation services for the construction of the LNG Terminal on the island of KRK and consulting services regarding

the contract on the construction of the LNG Terminal on the island of KRK

Procurement record number: 009/15-LNG

All economic subjects have the right to participate in this open procurement process by submitting a complete bid

for the provision of the service which is the procurement subject in accordance with the requirements and conditions in this TD.



CONTENTS

A. INSTRUCTIONS TO BIDDERS FOR THE BID PREPARATION ........................................................ 3

1. GENERAL INFORMATION ..................................................................................................... 3 1.1. Information on the Prinicpal ................................................................................................................... 3 1.2. Information on persons in charge of contact .......................................................................................... 3 1.3. Procurement record number .................................................................................................................. 3 1.4. List of economic subjects which are in conflict of interest with the Principal .......................................... 3 1.5. Procurement process type ..................................................................................................................... 3 1.6. Estimated procurement value ................................................................................................................ 3 1.7. Estimated investment project value ....................................................................................................... 3 1.8. Language ............................................................................................................................................... 4

2. INFORMATION ON THE PROCUREMENT SUBJECT ......................................................... 4 2.1. Procurement subject description ............................................................................................................ 4 2.2. Procurement subject quantity ................................................................................................................ 4 2.3. Cost Estimate ........................................................................................................................................ 4 2.4. Location, deadline, service provision terms and procurement contract duration ................................... 5

3. REASONS FOR THE EXCLUSION OF THE BIDDER ........................................................... 5 3.1. Mandatory reasons for exclusion ........................................................................................................... 5 3.2. Other reasons for exclusion ................................................................................................................... 6

4. PROVISIONS ON THE BIDDER’S CAPACITY ...................................................................... 7 4.1. Legal and business capacity .................................................................................................................. 7 4.2. Financial capacity .................................................................................................................................. 7 4.3. Capacity requirements in case of a Group of Bidders ............................................................................ 8

5. INFORMATION ON THE BID .................................................................................................. 8 5.1. The content and method of preparation ................................................................................................. 8 5.2. Alternative bids .................................................................................................................................... 10 5.3. Electronic submission of bids............................................................................................................... 10 5.4. Method of determining the bid price ..................................................................................................... 10 5.5. Bid selection criterion ........................................................................................................................... 10 5.6. Language and bid letter ....................................................................................................................... 15 5.7. Bid validity period ................................................................................................................................. 15

6. OTHER PROVISIONS ........................................................................................................... 15 6.1. Information as well as special and other conditions on the Contract and its performance ................... 15 6.2. Group of Bidders .................................................................................................................................. 15 6.3. Subcontractors ..................................................................................................................................... 16 6.4. Guarantees .......................................................................................................................................... 16 6.5. Date, time and place of submitting and opening the bids .................................................................... 17 6.6. Review and assessment of bids .......................................................................................................... 18 6.7. Decision on the selection/Decision on withdrawal from the procurement process ............................... 19 6.8. Instruction on legal remedy .................................................................................................................. 20 6.9. General provisions on the completion of the procurement process ..................................................... 20 6.10. Other necessary data and information ................................................................................................. 20

B. FORMS ............................................................................................................................................... 22

LIST: ............................................................................................................................................. 22 (I) BIDDING SHEET ................................................................................................................... 23 Annex I to the Bidding Sheet - Information on the members of the Group of Bidders ................ 24 Annex II To the Bidding Sheet – Information on the subcontractor/s .......................................... 25 (II) COST ESTIMATE .................................................................................................................. 26 (III) DECLARATION OF NO CRIMINAL RECORD ..................................................................... 27 (IV) LIST OF CONTRACTS .......................................................................................................... 28

C. ANNEXES ........................................................................................................................................... 29

LIST: ............................................................................................................................................. 29 (I) TERMS OF REFERENCE ……………...…………………………………………………….…… 30 (II) TECHNICAL DESCRIPTION OF LNG TERMINAL KRK…………....…………………....…… 41 (III) CONTRACT PROPOSAL.……...…..………………………………………………………….… 58



A. INSTRUCTIONS TO BIDDERS FOR THE BID PREPARATION

1. GENERAL INFORMATION

1.1. Information on the Prinicpal

LNG Croatia LLC Savska cesta 88a, 10000 Zagreb Telephone: +385 1 6301 635 Fax: +385 1 6301 675 e-mail: [email protected] PIN: 53902625891

1.2. Information on persons in charge of contact

Contact person: Mladen Antunovic Address: Savska cesta 88a, 10000 Zagreb Telephone: +385 1 6301 635 Fax: +385 1 6301 675 E-mail address: [email protected] Internet address: http://lng.hr/

1.3. Procurement record number: 009/15-LNG

1.4. List of economic subjects which are in conflict of interest with the Principal

There are no economic subjects in conflict of interest with the Principal.

1.5. Procurement process type

The Principal is not subject to the Public Procurement Act of the Republic of Croatia (Official Gazette 90/11, 83/13, 143/13 and 13/14), nor is it obliged to apply the Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.4.2004). or the Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30 April 2004). 4. 2004.).

The Principal is conducting the open procurement process in accordance with the conditions from this TD in which each interested economic subject may submit their bid, and the selection criterion shall be the economically most favourable bid as defined in the TD.

1.6. Estimated procurement value

The estimated procurement value totals: HRK 7,000,000.00 (in letters: seven million kuna), and does not include value added tax (VAT). The procurement subject is not divided into groups, and the estimated procurement value refers to the entire procurement subject.

1.7. Estimated investment project value The estimated project value: EUR 630,000,000.00.

mailto:[email protected]



1.8. Language

This TD is prepared in the Croatian and English language. In case of discrepancy, the version in the Croatian language shall apply. Except for the TD, all correspondence and decisions, as well as communication between the Principal and the Bidders during the procurement process shall be exclsuively in the Croatian language.

2. INFORMATION ON THE PROCUREMENT SUBJECT

2.1. Procurement subject description

The following services are the procurement subject of this procurement process:

1. preparation of tender documents for the pre-qualification of potential Bidders for the performance of construction works in accordance with the Project Task, in the Croatian and English language,

2. valuation (evaluation) of the submitted pre-qualification bids in the Croatian or English language, 3. preparation of tender documents for the performance of construction works in accordance with

the Project Task, in the Croatian and English language, 4. valuation (evaluation) of the submitted bids in the Croatian or English language 5. preparation of the FIDIC contract, 6. participation in meetings and negotiations, as well as all other services in the scope as defined by

the Project Task, 7. assistance to the Principal during the realisation of the contract with the selected Bidder, all

according to the actual needs and individual requirements of the Principal. A detailed description of the procurement subject, that is, the description of the necessary documents which the Bidder is required to prepare, as well as its scope and the technical solution, are provided in the Project Task which forms an integral part of these tender documents (ANNEX I). All the work results and the documents (tender documents, records, contract proposals and similar) upon successfully performing the takeover shall become the property of the Principal. All documents which the Principal already has in their possession, and which refer to the execution of the procurement subject in accordance with the Project Task, are located with the Principal at the business unit address in Zagreb, Savska cesta 88a, 10 000 Zagreb, and access to the aforementioned is possible during the bid submission period at the specified address of the Principal with prior notice and after arranging an appointment for access to the aforementioned with the Principal, using contacts specified in item 1.2. of this TD. Code from the CPV:

79410000-1 - Business and management consultancy services 79100000-5 - Legal services

If the Bidder submits a bid which does not fully correspond to the needs of the Principal as specified in the description of the procurement subject and the technical specifications, that is, which offers a service which clearly does not meet the needs of the Principal with regard to the required procurement subject and the requirements from the tender documents, the bid shall be refused.

2.2. Procurement subject quantity

The procurement subject quantity is defined in the Cost Estimate which is an integral part of this TD. Bids submitted for only a part of the required quantity from the bid/cost estimate form shall not be considered. The procurement subject quantity is correct.

2.3. Cost Estimate

The Cost Estimate forms an integral part of this TD and is specified on form II.



The information shall be entered in the Cost Estimate Form in accordance with the Cost Estimate Form. For each Cost Estimate item the Bidder shall enter the price of the item (per unit of measure), the total price of the item and the bid price without value added tax (the sum of all total prices of items). If the Bidder fails to fill out the Cost Estimate in accordance with the requirements from this TD or if they change the text or the quantities specified in the Cost Estimate, such Cost Estimate shall be considered as incomplete and invalid, and the bid shall be refused.

2.4. Location, deadline, service provision terms and procurement contract duration

The deadline for the provision of the services which are the procurement subject is a total of 4 (in letters: four) years from the date of signing the Procurement Contract. The deadlines for the completion of an activity from the Project Task are defined in "Table 1 Service Completion Deadlines" contained in the Project Task which forms an integral part of this TD. During the preparation of the documents, certain parts shall be presented to the Principal at their request. The services are provided in the Republic of Croatia. The location for the delivery of all documents regarding the procurement subject is: LNG Croatia LLC, Savska cesta 88a, 10000 Zagreb, Republic of Croatia. The Contract shall enter into force after it has been signed by the selected Bidder and the Principal.

3. REASONS FOR THE EXCLUSION OF THE BIDDER

In case of a Group of Bidders, the circumstances referred to in this item shall be determined for all members of the Group of Bidders individually, and the documents proving that there are no reasons for the exclusion shall be submitted for each member of the Group of Bidders. If the Bidder shall subcontract a part of the Contract to one or more subcontractors, the circumstances in this item shall also be determined individually for subcontractors, and the documents which prove that there are no reasons for the exclusion of the subcontractor in accordance with this TD shall be submitted in the bid.

3.1. Mandatory reasons for exclusion

3.1.1. No criminal record

The Principal shall exclude the Bidder from the procurement process if the economic subject or the person legally authorised to represent the economic subject has been convicted of any of the following criminal offenses

(I) fraud (Article 236), fraud in business activities (Article 247), receiving bribes in business transactions (Article 252), giving bribes in business transactions (Article 253), abuse of the public procurement procedure (Article 254), evasion of taxes or duties (Article 256), subsidy fraud (Article 258), money laundering (article 265), abuse of office and authority (Article 291), illegal facilitation (Article 292), receiving bribes (Article 293), giving bribes (Article 294), trading in influence (Article 295), giving bribes for trading in influence (Article 296), criminal association (Article 328) and committing a criminal offense within a criminal association (Article 329) of the Criminal Code,

(II) fraud (Article 224), money laundering (Article 279), fraud in business activities (Article 293),

receiving bribes in business transactions (Article 294a), giving bribes in business transactions (Article 294b), association to commit criminal offenses (Article 333), abuse of office and authority (Article 337), abuse of public office (Article 338), illegal mediation (Article 343), receiving bribes (Article 347) and giving bribes (Article 348) of the Criminal Code (Official Gazette No. 110/97, 27/98, 50/00, 129/00, 51/01, 111/03, 190/03, 105/04, 84/05, 71/06, 110/07, 152/08, 57/11, 77/11 and 143/12),

that is, for the relevant criminal offenses under the regulations of the country of seat of the economic subject or the country whose citizen is the person legally authorised to represent the economic subject.



As evidence the economic subjects shall submit an uncertified statement of the person legally authorised to represent the economic subject. The statement (Form III annexed to this TD) shall not be older than three months following the publication date of the invitation to tender and this TD.

3.1.2. Paid due tax liabilities and pension and health insurance benefits

The Principal shall exclude the Bidder from the procurement process if they have failed to fulfill the obligation of paying due tax liabilities and pension and health insurance benefits, unless they are not allowed to pay these liabilities or they are granted a deferred payment by a special act (for example in a pre-bankruptcy settlement procedure). For the purposes of proving these circumstances, the economic subject shall submit the following in their bid:

a) Certificate from the Tax Administration on the debt status which shall not be older than 30 (in letters: thirty) days from the date of publication of the invitation to tender and this TD or

b) a valid equivalent document of the competent authority of the country of seat of the economic subject, if the Certificate under a) is not issued or

c) if the documents under a) and b) are not issued in the country of seat of the economic subject, from which it would be possible to undoubtedly determine that the Bidder does not have any unpaid tax liabilities and pension and health insurance benefits, then they shall submit a Statement under oath or a corresponding statement of the person who is legally authorised to represent the economic subject before a competent judicial or administrative authority or a notary or a competent professional or trade authority in the country of seat of the economic subject or a statement with a signature certified by a notary, which shall not be older than 30 (in letters: thirty) days from the date of publication of the invitation to tender and this TD.

3.1.3. False information

The Principal shall exclude the Bidder from the procurement process if they have submitted false information when submitting the documents specified in items 3 and 4 of part A. of the TD. In case of doubt regarding the authenticity of the information specified in the documents which the bidders submitted in accordance with items 3 and 4 of the TD, the Prinicpal may perform the following in order to verify the authenticity of the information

- request the bidders to submit the originals or certified copies of such documents within the appropriate deadline and/or

- contact the issuer of the document and/or the competent authorities.

3.2. Other reasons for exclusion

3.2.1. Bankruptcy, liquidation, management by a person appointed by a competent court, settlement with creditors, suspension of business operations or similar procedures in accordance with the regulations of the country of seat of the economic subject and/or previous procedure

The Principal shall exclude a bidder from the procurement process if:

(I) they are undergoing a bankruptcy or liquidation procedure, if they are managed by a person appointed by a competent court, if they are undergoing a settlement procedure with creditors, if they have suspended their business operations or they are undergoing a similar procedure in accordance with the regulations of the country of seat of the economic subject and/or

(II) if they are undergoing a preliminary reference procedure for the purposes of determining the conditions for initiating a bankruptcy or ex officio liquidation procedure, or a procedure before a competent court for appointing a person to manage them, or a settlement procedure with creditors or a similar procedure in accordance with the regulations of the country of seat of the economic subject.

For the purposes of determining these circumstances, the economic subject shall submit the following in their bid:

a) excerpt from the court, crafts or other appropriate register of the country of seat of the economic subject which shall not be older than 3 (in letters: three) months counting from the date of publication of the invitation to tender and this TD or



b) if the document under a) is not issed or it does not contain all the information necessary to determine these circumstances a valid equivalent document issued by a competent judicial or administrative authority in the country of seat of the economic subject or

c) if the documents under a) and b) are not issued in the country of seat of the economic subject or they do not contain all the information necessary to determine the aforementioned circumstances, a Statement under oath or a corresponding statement of the person who is legally authorised to represent the economic subject before a competent judicial or administrative authority or a notary or a competent professional or trade authority in the country of seat of the economic subject or a statement with a signature certified by a notary, which shall not be older than three (3) months counting from the date of publication of the invitation to tender and this TD.

4. PROVISIONS ON THE BIDDER’S CAPACITY

4.1. Legal and business capacity

The Bidder in this procurement process shall prove the following:

4.1.1. Record in a court, crafts, occupational or other adequate register of the country of seat

The Bidder shall prove they are recorded in a court, crafts, occupational or other adequate register of the country of seat and shall submit the following for that purpose:

a) adequate excerpt or b) if the document under a) is not issued in the country of seat of the economic subject a Statement

with the signature certified by the competent authority. The excerpt or statement shall not be older than 3 (in letters: three) months from the date of publication of the invitation to tender and this TD.

4.2. Financial capacity

The economic subjects prove their financial capacity through the following evidence which shall be submitted in the bid under the order they are specified:

a) The Bidder meets the solvency requirement if in the financial years 2013 and 2014 there is no declared loss, and if the amount of turnover (total income) in each of the years 2013 and 2014 is at least twice the estimated procurement value, without VAT. The Bidder shall prove the above mentioned condition by the balance sheet and the profit and loss account, that is, by the corresponding financial statements for 2013 and 2014 if their disclosure is required in the country of seat of the economic subject, as well as by a statement on the amount of total income of the economic subject in 2013 and 2014. Statement on the amount of total income shall be signed by the authorised person and certified by the stamp of the Bidder (if the Bidder is required to have a stamp in the country of its seat).

The documents proving the fulfillment of the requirements specified under this item of the TD shall be submitted for each year individually.

b) The Bidder meets the solvency requirement if their account has not been blocked in the last six months for more than seven days continuously, and not more than fifteen days in total counting from the date of publication of the invitation to tender and this DZN. Solvency shall be proved by a document issued by banking or other financial institutions (BON 2, SOL 2). In the Republic of Croatia, the forms BON-2 and SOL-2, among other data indicate the information on the amount of blockage and the number of days the account of the economic subject was blocked. They are issued by the Finance Agency, that is, by the banking institutions. Economic subjects with a seat outside the Republic of Croatia shall prove the condition under this item of the TD by an equivalent document containing all the information necessary for establishing whether the conditions have ben fulfilled.



c) The Bidder shall be insured against liability for the damage that they may cause to third parties during the provision of services. The Bidder shall demonstrate this capacity in the form of a statement confirming that, if selected as the most favourable Bidder, they shall, in accordance with the contractual provisions, conclude an insurance contract to cover the subject liability in the amount which is at least greater than or equal to the estimated procurement value (HRK 7,000,000.00) per insured event without limitation the number of insured cases. The Bidder is required to submit to the Principal a valid insurance policy until the moment of signing the contract. If the Bidder fails to submit a valid policy until the moment of signing the contract it shall be considered that they have withdrawn their bid and the Principal shall repeat the ranking of the bids according to the criterion for selection not taking into account the bid of the selected Bidder, and shall make a decision on the selection of the new most favourable valid bid or, if reasons exist, shall annul the procurement process. It shall be considered that the Bidder has complied with the requirement of liability insurance under this item if in accordance with the obligation prescribed by a special act they already have a liability insurance policy that meets the minimum amount under this item.

4.3. Capacity requirements in case of a Group of Bidders

In case of a joint bid, the members of the group of Bidders shall individually prove their legal capacity in accordance with item 4.1.1. of the TD, while they shall prove their other capacity jointly.

5. INFORMATION ON THE BID

The bid is a written statement of intent of the Bidder to deliver the service in accordance with the terms and conditions set forth in this TD.

5.1. The content and method of preparation

5.1.1. Bid content

The bid shall contain at least:

a) The completed Bidding sheet in accordance with the form which is an integral part of this TD. It is recommended for the bidding sheet to be the first page of the bid (with a filled out Appendix I for the group of Bidders, Appendix II for the subcontractors, if applicable),

b) The Contract Proposal which is filled out, certified and signed by the Bidder’s authorised person in accordance with Annex C (II) of this TD, in 6 (in letters: six) copies,

c) Bid bond in accordance with the requirements set forth this TD, d) The documents by which the bidder proves that there are no mandatory reasons for exclusion, e) Documents by which the Bidder proves that there are no other reasons for exclusion, f) Required evidence of capacity, g) Completed Cost Estimate in accordance with the form which is an integral part of this TD. h) All other documents (statements, certifications, certificates) which the bid shall contain in

accordance with the requirements from this TD.

5.1.2. Method of preparation

a) All documents referred to in items 3 and 4 of Part A of the TD may be submitted in uncertified copies and shall be in the Croatian language. The document in a foreign language shall be accompanied by a certified court interpreter’s translation into Croatian.

b) The bid bond, if a cash deposit is not given, shall be in the original. c) The Bidder shall make one copy of the original bid, prepared in the Croatian language and Latin

script, written in indelible ink, and the bid price shall be expressed in kuna. d) The Bidder shall, in addition to the original, prepare and submit one example of the bid copy. The

Bidder shall label the bids with "original" and "copy". In case of differences between the original and the copies of the bid, the bid original shall prevail.

e) The corrections in the bid shall be made in such manner that they are visible, and they shall be confirmed by the Bidder’s signature together with stating the date.

f) When preparing the bid, the Bidder shall comply with the requirements and conditions from the TD and shall not amend or supplement the text of the TD.



g) The bid shall be prepared in paper form so that it forms a whole, and shall be bound in such manner so as to prevent subsequent removal or insertion of sheets. If due to the scope or other objective circumstances the bid cannot be prepared in such a manner so that it forms a whole, then it shall be prepared in two or more parts. The Bidder shall specify the number of parts the bid is comprised of in its contents, and each part shall be bound in such manner so as to prevent subsequent removal or insertion of sheets.

h) Parts of the bid such as samples, catalogues, storage media, etc., which cannot be bound, the Bidder shall label with the name, and shall state them in the contents of the bid as part of the bid.

i) The pages of the bid shall be numbered in such a manner that the page number and the total number of pages in the bid are visible. When the bid consists of several parts, the pages shall be labelled in such a manner that each subsequent part starts with the ordinal number that continues on the page number with which the previous part ends. If a part of the bid is numbered in the original (e.g. catalogues), the Bidder does not have to renumber that part of the bid.

j) The Bidder is expected to inspect the TD, including all instructions, forms, annexes, requirements and specifications. The bid which is contrary to the provisions of this TD and which contains errors, omissions, that is, ambiguities, if the errors, omissions, that is, ambiguities are not removable, that is, if clarifying or completing the documents does not remove the error, omission or ambiguity in every respect presents a risk for the Bidder and shall result in the refusal of such bid.

k) The Bidder shall use this TD exclusively for the purpose of preparing the bid for this tender and shall not make it available to others nor use it for other purposes.

l) If the Bidder indicates certain information in the bid as a business secret, they shall state in the bid the legal basis for the secrecy of that information. Thereby the information on unit prices, the quantities of an individual item and the bid price shall not be labelled as secret.

5.1.3. Bid submission manner

a) The bid shall be submitted in a closed envelope by the deadline for the bid submission, to the address of the Principal specified in the TD;

b) The Bidder shall place the bid into one external and two internal envelopes.

The external envelope shall specify: name and address of the Principal, name and address of the Bidder, procurement record number, name of the procurement subject, label "DO NOT OPEN";

In the external envelope two internal envelopes shall be placed, namely:

envelope containing the label: “Bidding sheet, bid bond and Contract”

envelope containing the label: “Evidence of capacity and technical part of the bid”

Each internal envelope shall also specify the same data as on the external envelope: name and address of the Principal, name and address of the Bidder, procurement record number, name of the procurement subject, label "DO NOT OPEN";

If the envelope is not labelled in accordance with the requirements specified in this TD, the Principal does not accept the liability for any loss or premature opening of the bid.

The envelope shall be submitted to the address: LNG Hrvatska d.o.o. Savska cesta 88A, soba br. 201F 10 000 Zagreb The Bidder shall independently determine the bid submission manner and shall bear the risk of possible loss, that is, untimely bid submission.



c) The submission of alternative bids, variations or versions of the bids is not permitted, nor the electronical submission of bids;

d) The bids are prepared free of charge.

5.2. Alternative bids

The submission of alternative bids is not permitted.

5.3. Electronic submission of bids

Electronical submission of bids is not permitted.

5.4. Method of determining the bid price

The bid price shall be expressed in kuna, and expressing the bid price in other currencies is not allowed. The bid price shall be written in numbers in the absolute amount. The bid price without value added tax shall include all costs and discounts. Unit prices are fixed. The economic subjects shall not label as secret the information on unit prices, the quantities of an individual item and the bid price. The bid price is determined in accordance with the cost estimate which is an integral part of this TD, provided that when filling out the cost estimate the Bidder calculates the total price of the item as a multiple of the quantity of the item and the item price. When the bid price without value added tax expressed in the cost estimate does not match the bid price without value added tax expressed in the bidding sheet, the bid price without value added tax expressed in the cost estimate shall be valid. If the Bidder is not in the value added tax system or the procurement subject is exempt from value added tax, in the bidding sheet, in the space provided for entering the bid price with value added tax, the same amount shall be entered as the one entered in the space provided for entering the bid price without value added tax, and the space provided for entering the amount of value added tax shall be left blank.

5.5. Bid selection criterion

The bid selection criterion is the economically most favourable bid. SELECTION CRITERIA FOR THE ECONOMICALLY MOST FAVOURABLE BID AND THEIR RELATIVE SIGNIFICANCE:

Criterion

Relative significance

Bid price 30%

Specific knowledge and experience 40%

Specialists 30%

DESCRIPTION OF THE CRITERIA AND METHOD OF DETERMINING THE POINT VALUE:

1. Bid price

The Principal determines the bid price as one of the criteria. The bid price is determined in accordance with item 5.4. of the tender documents. Scoring - price The maximum number of points that the Bidder can obtain according to this criterion is 30. The Bidder who submits a bid with the lowest price shall receive the maximum number of points.



The point value according to this criterion is calculated according to the following formula:

(Lowest price of the acceptable bid in the tender procedure / bid price for the considered bid) * 30

2. Specific knowledge and experience

As the second criterion the Principal determines the specific knowledge and experience in providing the services that are similar/identical to the procurement subject. The maximum number of points that the Bidder can obtain in accordance with this criterion is 40. The Bidder shall submit a list of significant service contracts provided in the year in which they started the procurement process and for 10 years preceding that year, proving the experience which guarantees the proper fulfillment of the project task given the complexity thereof. The list shall contain the following information: the amount and date of the service provided and the name of the other contracting party. The list shall be certified by the seal and signature of the person authorised for representing the economic subject, as specified in Annex IV of these documents. Signing the contract shall be accompanied by a certificate of proper completion of services issued or signed by the Principal.

If necessary, the Principal can directly request the verification of certificate authenticity from the other Contracting Party.

The basic condition that shall be fulfilled for the Bidder to even receive points based on the criterion "Specific knowledge and experience" is that the submitted certificates shall enable the Bidder to prove that contracts refer to projects with a value in the sum not lower than the appraised project value referred to in item 1.7 of this TD.

The Bidder shall submit evidence of successfully provided services as follows:

a) Experience in providing services of the same or similar size and complexity, as well as of the

subject service in connection with infrastructure projects with a total value of more than EUR 100,000,000.00. Explanation: Considering the estimated procurement value, as well as the seriousness and complexity of the project for which the Principal is using the services which are the subject of this procurement process, the Principal requires evidence that the Bidder has experience in providing services such as the procurement subject in infrastructure projects bearing in mind that the relevant experience is required in order to ensure the prerequisites for the project to be co-financed from EU funds. As part of the EU funds there are many opportunities to obtain grants for infrastructure projects. It is necessary to ensure adequate experience in providing services in infrastructure projects.

b) Experience in providing services regarding the preparation of contracts based on the FIDIC contract conditions, those being contracts referring to construction in accordance with FIDIC.

Explanation: Considering the estimated procurement value, as well as the seriousness and complexity of the project for which the Principal is using the services which are the subject of this procurement process, the Principal requires evidence that the Bidder has experience in the preparation of contracts based on the FIDIC contract conditions, all by the obligation of preparing the contract, which the selected Bidder shall be required to prepare, in accordance with the FIDIC contract conditions.

c) Experience in providing services regarding the preparation of tender documents for construction works in accordance with the standard public procurement principles or public procurement rules.

Explanation: The Principal requires evidence that the Bidder has experience in the preparation of tender documents in accordance with the standard public procurement principles. Namely,



a part of the services which are the subject of this procurement process are precisely the services of preparing the tender documents for the construction works which shall be used in the project for which there is a possibility of being co-financed from EU funds, and it is therefore necessary for the documents to be prepared in accordance with the standard public procurement rules and that the Bidder has experience in the preparation of documents for construction works.

All the required experience referred to in items a)-c) can also be proven by a certificate of provided services, that is, a single contract including all of the above.

Scoring - specific experience The maximum number of points that the Bidder can obtain according to this criterion is 40. The subcriteria were defined in items a) -c) and each receives points as follows:

a) 10 points b) 15 points c) 15 points

The point value according to this criterion is calculated in the following manner:

Experience Number of points

For proven experience according to subcriterion a)

10 points

for proven experience according to subcriterion b)

15 points

for proven experience according to subcriterion c)

15 points

It shall be determined for each Bidder whether they have proven their experience according to each of the required subcriteria and whether they shall obtain points for all or some of the subcriteria based on the above specified method of awarding points. The points which the Bidder obrtains according to each subcriterion shall be added together and thus the maximum total number of points that the Bidder has according to the criterion of specific experience shall be determined.

3. Specialists - key experts

As the third criterion the Principal determines the specialists. The maximum number of points which the Bidder can obtain in accordance with this criterion is 30 (in letters: thirty). The Principal has determined 4 (in letters: four) profiles of specialists, as well as the experience and specific knowledge which they shall possess in order to ensure quality provision of services which are the procurement subject. In order to even receive the minimum number of points according to this criterion, the Bidder shall have a team of at least 4 (in letters: four) specialists provided that each profile shall be included in the team. The Bidder who shall not have a team of at least 4 (in letters: four) required specialists who meet the required profiles shall not get any points. For additional points the Bidder shall have a larger number of specialists in the team, provided that the additional specialists shall correspond to one of the aforementioned profiles. Considering the estimated procurement value, as well as the seriousness and complexity of the projects for which the Principal shall use the services which are the subject of this procurement process, the specialists the Bidder states in their offer shall have a university degree and meet the other criteria stipulated hereinafter in these documents. Only those specialists who meet the required criteria shall be considered for awarding points according to the criteria for the selection of the economically most favourable bid. In their bid, the economic subject shall deliver a Statement in which they shall indicate the persons responsible for providing the services.



The Statement shall be certified by the economic subject (signature of the person authorised for representation and the seal). The Statement shall include CVs and diplomas of specialists who shall participate in the project, which indicate the education and acquired experience. A valid Resolution of the Croatian Bar Association on registration in the Register of Law Firms of the Croatian Bar Association and the valid Resolution of the Croatian Bar Association on registration in the lawyer phonebook of the Croatian Bar Association shall be submitted for the lawyer (If the Bidder is a foreigner, at the time of signing the contract they shall have a valid Certificate of the Croatian Bar Association that they may perform legal activities, pursuant to Article 36e of the Legal Profession Act).

The persons the Bidder indicates in the bid as persons responsible for providing the services shall actually participate as specialists in the project. If the Bidder does not have the specialist stated in the bid a ttheir disposal, they may designate another specialist to participate in the project if the other specilaist has all the qualifications, education, profession and experience as the originally designated specialist. The Bidder shall ensure that at least one of the specialists speaks Croatian or shall at their own expense ensure that for the entire duration of the procurement contract the Principal has at their disposal a certified court interpreter/translator to translate from the language of the individual specialist into Croatian.

Specialists profiles: 3.1. Lawyer - FIDIC expert

Lawyer - FIDIC expert shall prove in their resume that they possess a university degree, as well as a minimum of 5 (five) years of experience working on projects in which FIDIC rules referring to the construction contract have been applied, and at least 10 (ten) years of work experience in the field of legal counseling. The expert shall prove their experience of articipation in at least 1 (in letters: one) infrastructure project on the basis of FIDIC rules which refer to a construction contract directed towards funding from EU pre-accession funds/programs/support/financial instruments and/or EU Structural and/or Cohesion Funds. The lawyer shall possess a valid Resolution of the Croatian Bar Association on registration in the Register of Law Firms of the Croatian Bar Association and the valid Resolution of the Croatian Bar Association on the registration into the Lawyer Phonebook of the Croatian Bar Association. If the Bidder is a foreigner, they shall at the moment of signing the contract have a valid Certificate of the Croatian Bar Association confirming they may perform legal activities, pursuant to Article 36e of the Legal Profession Act. Considering the description of the procurement subject, the Principal does not require a Resolution on the entry into the phonebook of foreign attorneys, but only a Certificate, on the basis of which, pursuant to Article 36c of the Legal Profession Act, a foreign lawyer can provide legal advice regarding the law of their domicile country, the European Union law, the international law and the Croatian law. If the Bidder fails to submit a valid Certificate until the moment of signing the contract it shall be considered that they have withdrawn their bid and the Principal shall repeat the ranking of the bids according to the criterion for the selection not taking into account the bid of the selected Bidder, and shall make a decision on the selection of the new most favourable valid bid or, if reasons exist, annul the procurement process.

Explanation: Considering the estimated procurement value, as well as the seriousness and

complexity of the project for which the Principal is using the services which are the subject of this

public procurement process, the Principal requires evidence that the Bidder has a specialist at

their disposal who has the required experience. Since the subject services include the preparation

of documents on the basis of FIDIC rules which apply to the construction contract, the Principal

considers that the Bidder, that is, the specialists with the professional experience as required by

this TD, shall participate in the provision of services which are the subject of this procurement

process in order to prepare the required documents in a successful and timely manner.



3.2. Public procurement expert The public procurement expert shall prove in their resume that they possess a university degree and at least 3 years of experience in the field of public procurement, in particular in the part concerning the preparation of tender documents, with emphasis on experience in the preparation of documents for the procurement of construction works, experience in the preparation and implementation of public procurement procedures, as well as the analysis and evaluation of bids.

Explanation: Considering that it is possible that the investment project for which the subject

services are being procured may be financed from EU funds, and that standard public

procurement principles are applied to the documents for procurement which are financed from EU

funds, the Principal requires evidence that the Bidder has experience in the preparation of tender

documents according to the public procurement rules, as well as overall experience in the

preparation and implementation of public procurement procedures. Namely, a part of the services

which are the subject of this procurement process are precisely the services of preparing the

tender documents for the construction works which shall be used in the project for which there is

a possibility of being co-financed from EU funds, and it is therefore necessary for the documents

to be prepared in accordance with the standard public procurement rules and that the Bidder has

a specialist at their disposal who has experience in the preparation of documentats for

construction works in accordance with the public procurement rules. Furthermore, a part of the

services which are the subject of this procurement process are consulting services which are to

be performed until the conclusion of the contract on the delivery and construction of the LNG

terminal on the island of Krk, which also include the evaluation of the bids, so it is essential for

the specialist to have specific experience in public procurement.

3.3. Expert in technical issues regarding FIDIC implementation The expert on technical issues regarding FIDIC implementation shall prove in their resume that they possess a university degree in the field of civil engineering with at least 10 (ten) years of experience in the provision of consulting services and at least five (5) years of experience in the field of implementing FIDIC construction contracts, especially in the part regarding the preparation of the Principal’s requirements. Explanation: Considering that the procurement subject is the preparation of tender documents and the preparation of the contract according to FIDIC requirements regarding construction contracts, it is essential for the Bidder to have at their disposal the aforementioned expert in order to define the technical requirements. 3.4. Expert in European Law and EU funds

The expert in European Law and EU funds shall prove in their resume that they have at least 3 (three) years of experience in the preparation and application of projects for financing from EU funds, as well as consulting regarding the issues of applying the acquis communautaire. Explanation: Considering that it is possible that the investment project for which the subject services are being procured may be financed from EU funds, the Principal requires evidence that the Bidder has experience in the preparation and application of infrastructure projects for financing from EU funds, as well as overall experience in the application of the acquis communautaire in order to ensure maximum compliance of the project with all the basic principles and fundamental freedoms of EU law. Scoring - experts The maximum number of points that the Bidder may obtain according to this criterion is 30. The point value according to this criterion is calculated in the following manner:



Expert team Number of points

At least 4 experts * 10 points

5 experts * 20 points

More than 5 experts * 30 points

* Only those experts who fully correspond to one of the four required profiles and for which the Bidder has submitted all the required evidence for individual experts shall be taken into consideration with regard to scoring.

DETERMINING THE MOST FAVOURABLE BIDDER ACCORDING TO THE SPECIFIED CRITERIA FOR THE SELECTION OF THE ECONOMICALLY MOST FAVOURABLE BID

After the Principal determines the point value for each Bidder according to individual criteria, the points awarded to them according to each of the criteria shall be added in order to obtain the total score for each Bidder. The most favourable Bidder is the one that receives the highest total number of points according to all the specified criteria.

5.6. Language and bid letter

The bid shall be prepared in the Croatian language and Latin script. The Bidder shall submit the parts of the bid which are not in the Croatian language with a translation into Croatian prepared by a certified court interpreter.

5.7. Bid validity period

The bid validity period shall be at least 150 (in letters: one hundred and fifty) days from the day of the deadline for submission of tenders. At the Principal’s request the Bidder may extend their bid validity period.

6. OTHER PROVISIONS

6.1. Information as well as special and other conditions on the Contract and its performance

The bidding includes concluding the Contract with one economic subject/Group of Bidders. The Contract shall enter into force with its signing by the parties, and shall be concluded for a period of 4 (four) years.

6.2. Group of Bidders

The Bidders, that is, the economic subjects from the Group of Bidders may submit a joint bid. For each member of the Group of Bidders the bidding sheet shall contain the name and seat, address, PIN (or the national identification number according to the country of seat of the economic subject), account number, an indication of whether the member is in the VAT system, address for mail delivery, e-mail address, Bidder’s contact person, telephone number and fax number. The joint bid shall specify which part of the Contract (indicate the subject, quantity, value and percentage) shall be performed by an individual member of the Group of Bidders. If a bid submitted by a Group of Bidders is selected, the Principal reserves the right to require from the Group of Bidders a specific legal form to the extent necessary for the satisfactory performance of the Contract. The Principal shall directly pay each member of the Group of Bidders for the part of the Contract which they performed, unless the Group of Bidders specifies otherwise. The liability of the Bidder from the Group of Bidders is joint and several.



6.3. Subcontractors

The Subcontractor is an economic subject which provides the service to the selected Bidder with whom the Principal has concluded a contract.

If the economic subject intends to award a part of the Contract to one or several subcontractors, then the bid shall include the following information:

the name or company, address, PIN (or the national identification number according to the country of seat of the economic subject, if applicable) and the account number of the subcontractor, and

the subject, amount, subcontract value and percentage of the Contract which is being subcontracted.

The selected Bidder may during the execution of the Contract request the following from the Principal:

change of subcontractors for the part of the Contract which it had previously subcontracted,

takeover of execution of a part of the Contract that was previously subcontracted,

introduction of one or several new subcontractors whose total share may not exceed 30% (thirty percent) of the Contract value, regardless of whether or not they had previously subcontracted a part of the Contract.

Together with the request, for the new subcontractor the selected Bidder shall submit to the Principal the information defined in this item. The Principal reserves the right to, prior to approving the request, request from the selected Bidder the valid documents proving that the new subcontractor meets:

the conditions referred to in item 3 of the TD - Reasons for the exclusion of the Bidder.

The participation of subcontractors does not affect the liability of the Bidder with regard to Contract performance.

6.4. Guarantees

6.4.1. Bid bond

As part of their bid the Bidder shall submit a bid bond in the amount of HRK 350,000.00 (in letters: three hundred fifty thousand kuna) in the form of a bank guarantee or may provide a cash deposit. The bank guarantee shall be payable on first demand, without objection (protest) and unconditional. If the Bidder provides a cash deposit, they shall submit in the bid the evidence of payment to the giro account of the Principal’s IBAN: HR87 234000 91110441180, opened at Privredna banka Zagreb, while the purpose of the payment shall specify that it is a bid bond and shall state the name of the procurement subject. When pefrorming the payment it is necessary to specify the following model and reference number: model: 00, reference number _________ (the Bidder shall state their PIN). The deposit shall be recorded on the Principal’s account at the moment of expiry of the bid submission deadline. The bid bond shall be submitted in the original and as an uncertified copy. The original shall be submitted in a plastic sheet (e.g. rebated file) which shall be closed (e.g. with a label) in order to prevent subsequent removal and insertion of sheets and shall be numbered on the outside by the ordinal number in the same manner as all the pages of the bid. The original shall not be damaged in any way (by punching holes, stapling and similar). The submitted bond shall form an integral part of the bid which is bound into a whole and shall be bound by a red tape into the bid in the manner prescribed by this TD for the remaining part of the bid.



The guarantee period shall not be shorter than the validity period. If the Bidder agrees with the Principal’s request for the extension of the bid validity period, the bid bond shall be prolonged in accordance with the extension of the bid validity period. For this purpose the Bidder shall be given an appropriate deadline. The Principal cannot claim the amount of the bid bond in the following cases:

a) if the Bidder cancels their bid within the period of its validity, b) if the Bidder submits false information in their bid; c) in case of failure to provide the originals or certified copies in accordance with the Principal’s

request and d) in case of refusing to sign the Contract and/or failure to submit the performance guarantee.

The Principal shall return the bid bond to the Bidders whose bid was not selected immediately after the termination of the procurement process. The bid bond of the Bidder whose bid is selected as the most favourable shall be returned after the Contract has been signed by the Principal, that is, when the selected Bidder submits a performance guarantee.

6.4.2. Performance guarantee

If their bid is selected as the most favourable for the conclusion of the Contract, within 5 (in letters: five) work days from the Contract signing the Bidder shall submit to the Principal the performance guarantee in the form of an irrevocable bank guarantee for the amount of 15% (in letters: fifteen percent) of the total Contract value (including VAT). The bank guarantee shall be payable on first demand, without objection (protest), unconditional, and shall be made out to the Principal LNG Croatia LLC, Savska cesta 88a, 10000 Zagreb, PIN: 53902625891. The validity period of the bank guarantee shall be at least 30 (in letters: thirty) days after the deadline for the fulfillment of Contractual services, that is, until the completion of all Contractual services and the elimination of their possible defects.

6.5. Date, time and place of submitting and opening the bids

6.5.1. Bid submission manner

The bid shall be submitted in a sealed envelope to the Principal’s address specified in item 5.1.3 b) of the TD and regardless of the manner in which it was sent, it shall be received by the Principal until the bid submission deadline, which means no later than 30 July 2015 at 10.00 a.m. Within the period for the submission of bids the Bidder may modify, supplement or withdraw their bid. Modifications and/or supplements of the bid shall be submitted in the same manner as the basic bid with a mandatory indication that it is a modification and/or supplement of the bid. The Bidder may until the bid submission deadline withdraw the submitted bid in a written statement. The written statement shall be submitted in the same manner as the bid, with a mandatory indication that it regards the withdrawal of the bid. In this case, the unopened bid is returned to the Bidder. When the Bidder directly submits a bid, a modification and/or supplement of the bid, that is, a written statement of withdrawal of the submitted bid, the Principal shall issue them a certificate thereof. The bids which are received at the Principal’s Registry Office until the deadline specified in this item shall be considered as timely submitted bids. Each bid, modified and/or supplemented bid submitted in a timely manner shall be entered into the bid receipt register and shall be awarded an ordinal number according to the the order of receipt. The register forms an integral part of the public bid opening minutes. The bid submitted after the bid submission deadline shall not be registered in the receipt register, but shall be recorded as late, labelled as late and returned unopened to the sender without delay.

6.5.2. Public opening of bids The public opening of bids shall begin simultaneously with the expiration of the bid submission deadline and shall be held on 30 July 2015 at 10.00 at the address Savska cesta 88A, Zagreb. The information on room number where the public opening of bids is to be held shall be listed at the Principal's main reception.



The bids shall be opened according to the ordinal number from the bid receipt register. If a modified and/or supplemented bid is submitted, the modified and/or supplemented bid shall be opened first, followed by the original bid. The bids shall be opened by at least 2 (in letters: two) authorised representatives of the Principal. The public opening of bids may be attended by the authorised representatives of the Bidders and other persons, however, the right to actively participate in the public opening of bids shall only be provided to the authorised representatives of the Principal and the authorised representatives of the Bidders. Prior to starting the bid opening, the authorised representatives of the Bidder shall disclose to the Principal their authorisation to participate in the public opening of bids, signed by the responsible person of the Bidder. If the person who is present at the public opening of bids is also the authorised person of the Bidder entered into the court or trade register, then they shall disclose to the Principal the Resolution on registration or the trade license. During the bid opening, the Principal shall read aloud the name and address of the Bidder. The Principal shall perform the opening of the bids in such manner that, after opening the external envelope of the bid, they shall first open the envelope containing the label “Bidding sheet, Bid Bond and Contract“. The Principal shall check whether the submitted Bidding sheet, Bank guarantee as bid bond and the Contract are all filled out, signed and certified in accordance with the requirements of this TD. The Principal shall then read the name and the seat of the other members of the Group of Bidders (if applicable) and the bid price without VAT. The other envelope, containing the label “Evidence of capacity and technical part of the bid“ shall be opened subsequently in the course of the procedure for inspecting and evaluating the bid by the persons authorised by the Principal. After reading the information from a specific bid, the Principal shall disclose the bidding sheet of the subject bid to the authorised representatives of the Bidders. Minutes shall be prepared on the public bid opening which shall be immediately submitted to all authorised representatives of the Bidders present at the public bid opening for inspection, checking the contents and signature, and it shall be submitted to the other Bidders in the procedure upon their written request. The authorised representatives of the Bidders may make remarks regarding the procedure of public bid opening, and if a person from the present authorised representatives of the Bidders refuses to sign the minutes, the Principal shall make a note thereof which shall be attached to the minutes.

6.6. Review and assessment of bids

The review and assessment of bids shall be performed by the expert persons of the Principal. The review and assessment of the bids are confidential until the adoption of a decision by the Principal. In the process of reviewing and assessing the bids the Principal may invite the Bidders to eliminate the errors, omissions or ambiguities which can be removed, by clarifying or completing the documents requested in accordance with items 3 and 4 of the TD. If the Principal requests clarification or completion of the documents, they shall determine an appropriate deadline which shall not be shorter than 5 (in letters: five) days, nor longer than 15 (in letters: fifteen) days. Errors, omissions or ambiguities in accordance with this item are considered to be documents which are or appear to be unclear, incomplete, incorrect, contain errors or are missing. Clarification or completion regarding the documents required in accordance with items 3 and 4 of this TD shall not be considered a modification of the bid. In the process of reviewing and assessing the bids, the Principal may invite the Bidders to clarify, within a deadline which shall not be shorter than 5 (in letters: five) or longer than 10 (in letters: ten) days, certain elements of the bid in the part referring to the proposed procurement subject. The clarification shall not result in changing the bid. If during review of the bids the Principal establishes a calculation error, the Bidder shall be requested to accept the correction of the calculation error, and the Bidder shall respond within a deadline not exceeding 5 (in letters: five) days.



If the bid expresses an unusually low bid price which casts doubt as to the possibility of providing the required services which are the procurement subject, the Principal may refuse such a bid. A bid with an unusually low price shall be considered the bid for which one of the following requirements has been met:

a) the bid price is by more than 40% lower than the average price of the remaining acceptable bids or

b) the bid price is by more than 20% lower than the acceptable bid with the first higher price, and at least three acceptable bids have been received.

Before refusing bids due to an unusually low price, the Principal shall request the Bidder in writing to provide an explanation containing the details of the integral elements of the bid which are considered essential for the contract performance. After checking the bids, the Principal shall refuse the bids where there are other reasons for bid refusal as from the TD. After reviewing and assessing the bids, the valid bids shall be ranked according to the criterion for bid selection. After ranking the bids according to the criterion for bid selection, and before adopting a decision on the selection, the Principal may request from the most favourable Bidder with whom they intend to conclude a contract, within a reasonable deadline, which shall not be shorter than 5 (in letters: five) nor longer than 10 (in letters: ten) days from the date of receiving the request, to deliver the originals or certified copies of one or several documents requested in accordance with items 3 and 4 of the TD. If the most favourable economic subject does not submit all the requested originals or certified copies of the documents and/or does not prove that they continue to meet the requirements set by the Principal within the specified deadline, the Principal shall exclude such Bidder, that is, refuse their bid. They shall then perform the ranking of bids again according to the criterion for the selection, not taking into account the bid submitted by the Bidder who has been excluded, that is, the Bidder whose bid has been refused, and shall invite the new most favourable Bidder to provide the required documents.

6.7. Decision on the selection/Decision on withdrawal from the procurement process

6.7.1. Decision on the selection

The Principal shall, based on the results of the bids review and assessment, and on the basis of the criterion for the selection of bid, adopt the Decision on the selection, thus selecting the most favourable bid submitted by the Bidder with whom a Contract shall be concluded. The deadline for the adoption of the Decision on the selection/annulment is 120 (in letters: one hundred and twenty) days, starting from the date of expiry of the bid submission deadline. If two or more valid bids are equally ranked according to the criterion for the selection, the Principal shall select the bid which was received earlier. The Principal shall without delay submit to each Bidder the decision on the selection with a copy of the minutes on the review and assessment of bids in a traceable manner (delivery note, return receipt, report on successful fax sending, electronic document, posting on the Principal’s website whereby the delivery is considered successful with the expiry of the publication date and similar). The Principal is not obliged to submit annexes to the minutes on the review and assessment of bids. The Principal may, by a decision, correct errors in names or numbers, writing or calculation, and other obvious mistakes made in the decision on the selection which was adopted. The correction of the error shall have a legal effect from the date from which the decision on the selection which is being corrected has a legal effect.

6.7.2. Decision on the withdrawal from the procurement process

The Principal shall without delay submit to each Bidder the decision on the withdrawal from the procurement process, in a traceable manner (delivery note, return receipt, report on successful fax sending, electronic document, posting on the Principal’s website where the delivery is considered successful with the expiry of the publication date and similar).



6.8. Instruction on legal remedy

The Bidders, who have submitted their bids, have the right to file a complaint to the decision on the selection or the decision on the withdrawal, to the Principal, within 5 days from receiving the decision. The Principal shall decide on the filed complaint. The Principal shall adopt a decision on the complaint within 15 days from the date of receiving the complaint. If the Principal accepts the complaint, they shall annul the challenged decision and return the case to the authorised representatives of the Principal in order to reach a new decision. In that case, the authorised representatives shall adopt a new decision no later than within 5 days.

The complaint shall be filed at the address of the Principal’s seat - LNG Hrvatska d.o.o., Savska cesta 88a, 10000 Zagreb, in written form, directly to the Registry Office or by registered mail.

6.9. General provisions on the completion of the procurement process

Immediately after the completion of the procurement process the Principal shall return to all the Bidders the documents whose return is provided by the TD. The procurement process shall end with the date of enforceability of the decision on the selection or the decision on the withdrawal from the procurement process.

6.10. Other necessary data and information

6.10.1. Method of communication from the Bidder towards the Principal

Communication from the interested economic subjects towards the Principal shall be performed by postal items, fax, e-mail, or a combination of these means.

6.10.2. Method of communication from the Principal towards the Bidders

The Principal shall submit all notifications and requests for the Bidders, including the request for clarification, the Decision on the selection, Minutes on the review and assessment of bids, requests from Bidders for clarification of the TD, answers of the Principal and similar, in the following manner:

The Principal shall submit all notices, requests and decisions to the Bidder via their Internet address http://lng.hr/

The Principal shall, via the e-mail from the Bidder’s request for the submission of the TD, provide a notification to the Bidder which shall contain the password by which the Bidder shall be able to download notifications/requests/decisions from the Principal’s internet address, by means of which the submission to the Bidder shall be considered successful.

6.10.3. Takeover of the TD

The TD can be taken over directly in paper form, at the address of the Principal, every work day in the periods from 9 a.m. to 11 a.m. and from 1 p.m. to 3 p.m., with a previous written request in accordance with the contact information stated under paragraph 1.2. of the TD, until the bid submission deadline. The request shall state the Procurement Record Number 009/15-LNG. At the request made by the interested economic subject, the Principal shall deliver the TD in electronic form via e-mail. The interested economic subject shall state the following in the written request for TD delivery:

Name and seat of the economic subject, Address,

Telephone, fax and e-mail, Name, surname and position of the contact person Indication whether they shall take over the TD copy at the address of the Principal or via e-mail.

6.10.4. Explanation and modifications of the TD

During the bid submission deadline the interested economic subjects have the right to submit to the Principal a request for clarification and/or modification of the tender documents. The request for clarification and/or modification of the tender documents may be submitted no later than the eighth day prior to the expiry of the bid submission deadline, and the response to the subject inquiry shall be provided by the Principal at least six days prior to the expiry of the bid submission deadline. The response



to the request for clarification and/or modification of the tender documents shall be published by the Principal on the same Internet site on which the call for tenders and the TD were published. The Principal is not obliged to respond to an inquiry received after the prescribed deadline. The Principal shall, at any time, and no later than 6 (six) days before the expiry of the bid submission deadline, for any reason, that is, at their own initiative or as a response to the request by the economic subject which took over the TD, change the TD and extend the bid submission deadline if necessary.

6.10.5. Bid costs

The Bidder shall bear all costs regarding their participation in the bidding, and the Principal shall in no case be responsible or bear the costs regardless of the manner of conducting or the outcome of the bidding.



B. FORMS LIST:

FORM I / BIDDING SHEET ....................................................................................................... 23 FORM II / COST ESTIMATE ..................................................................................................... 26 FORM III / DECLARATION OF NO CRIMINAL RECORD ......................................................... 27 FORM IV / LIST OF CONTRACTS ............................................................................................ 27



FORM I/ BIDDING SHEET

(I) BIDDING SHEET

Principal: LNG Croatia LLC, Savska cesta 88a, 10000 Zagreb

Procurement subject:

Services of preparing tender documents for the construction of an LNG terminal on the island of KRK and consulting services regarding the contract on the construction of the LNG Terminal on the island of KRK

Bid number: Bid date:

Information on the Bidder:

Name and seat, Address

PIN*: Account number

Mail delivery address

E-mail address

Telephone Fax

The Bidder is in the VAT system YES NO (circle)

Group of Bidders YES NO (circle)**

Subcontractor participation YES NO (circle)***

Bidder’s contact person (name, function)

Information on the bid:

Bid price without VAT

Amount of value added tax

Bid price including VAT

Bid validity deadline (enter the number of days)

If the Bidder is not in the value added tax system or the procurement subject is exempt from value added tax, in the space provided for entering the bid price with value added tax, the same amount shall be entered as the one entered in the space provided for entering the bid price without value added tax, and the space provided for entering the amount of value added tax shall be left blank.

FOR THE BIDDER: ___________________________________ (Name and surname, function of the authorised person)

Signature of the authorised person LS:

___________________________________

*or the national identification number according to the country of seat of the economic subject, if applicable ** In case of a Group of Bidders, Annex I to the bidding sheet shall be filled out *** In case of subcontractor participation, Annex II to the bidding sheet shall be filled out


Annex I to the Bidding Sheet - Information on the members of the Group of Bidders

(Completed only if a joint bid is submitted)

Information on the member of the Group of Bidders:

Name and seat, Address,

PIN*: Account number

Mail delivery address

E-mail address

Telephone Fax

Member of the GB is in the VAT system YES NO (circle)

Information on the part of the procurement contract which shall be performed by the member of the GB - subject:

Subject Quantity

VALUE OF THE PROCUREMENT CONTRACT WHICH SHALL BE PERFORMED BY THE MEMBER THE GROUP OF BIDDERS (WITHOUT VAT):

PERCENTAGE OF THE PROCUREMENT CONTRACT WHICH SHALL BE PERFORMED BY THE MEMBER OF THE GROUP OF BIDDERS (IN %):

GB member’s contact person

(name and surname, function)

For the member of the Group of Bidders: ___________________________________ (Name and surname, function of the authorised person)

Signature of the authorised person LS: _________________________________ *or the national identification number according to the country of seat of the economic subject, if applicable ** In case of several members of the GB, the table shall be completed for each member



Annex II To the Bidding Sheet – Information on the subcontractor/s

(Completed only if a part of the procurement contract is subcontracted)

Information on the part of the procurement contract which is awarded to subcontractors/has - general part:

Name or company, seat, Address,

PIN*:

Account number of the Subcontractor

Information on the part of the procurement contract which is awarded to the subcontractor/s - subject:

Subject Quantity

VALUE OF THE PROCUREMENT CONTRACT WHICH SHALL BE PERFORMED BY THE SUBCONTRACTOR (WITHOUT VAT):

PERCENTAGE OF THE PROCUREMENT CONTRACT WHICH SHALL BE PERFORMED BY THE SUBCONTRACTOR (IN %):

Name and surname of the Subcontractor's authorised person

Signature of the Subcontractor’s authorised person and seal

*or the national identification number according to the country of seat of the economic subject, if applicable ** In case the Bidder wants to hire several subcontractors, the table shall be completed for each subcontractor



FORM II / COST ESTIMATE

(II) COST ESTIMATE

Name of the Bidder/Bid Holder: ___________________________

Number Name and description of the item Unit of

measure Item

quantity Item unit price

(HRK without VAT)

Total price of the item (HRK without

VAT) (6=4x5)

1 2 3 4 5 6

1.

preparation of tender documents for the pre-qualification of potential Bidders for the performance of construction works in accordance with the Project Task, in the Croatian and English language

pcs 1

2. valuation (evaluation) of the submitted pre-qualification requests for participation, in the Croatian or English language

lump sum 1

3. preparation of tender documents for the performance of construction works in accordance with the Project Task, in the Croatian and English language

pcs 1

4. Valuation (evaluation) of the submitted bids in the Croatian or English language

lump sum 1

5. preparation of the FIDIC contract pcs 1

6. participation in meetings and negotiations, as well as all other services within the scope as defined by the Project Task

lump sum 1

7. consulting services during the contract realisation, all according to the actual needs and individual requirements of the Principal

hour 3000

Total bid price, HRK without VAT (1+2+3+4+5+6+7):

VAT 25%:

Total bid price, HRK including VAT: (All possible costs and discounts shall be included into the expressed price) The specified price is fixed. We hereby declare that we have studied the TD from which we accept all the provisions and we shall perform the procurement subject in accordance with the subject provisions and at the prices we have specified in the bid/cost estimate, which we confirm by our signature and seal.

Name and surname of person authorised by the Bidder: _______________________________________ Signature of person authorised by the Bidder: _______________________________________ LS (The cost estimate shall be certified with the signature of the person authorised by the Bidder and the stamp of the Bidder)



FORM III / DECLARATION OF NO CRIMINAL RECORD

(III) DECLARATION OF NO CRIMINAL RECORD

For the purposes of proving that there are no reasons for the exclusion from the procurement process of the Principal LNG Croatia LLC, Savska cesta 88a, 10000 Zagreb, I hereby declare, under material and criminal liability, that the person authorised for representation of the economic subject: Name and surname of the authorised person _________________________________ Date and place of birth of the authorised person: _________________________________ PIN of the authorised person _________________________________ or the economic subject: Name of the economic subject: _________________________________ Seat and address of the economic subject: _________________________________ PIN of the legal entity/economic subject: _________________________________ have not been convicted of one or several of the following criminal offenses: I) fraud (Article 236), fraud in business activities (Article 247), receiving bribes in business transactions (Article 252), giving bribes in business transactions (Article 253), abuse of the public procurement procedure (Article 254), evasion of taxes or duties (Article 256), subsidy fraud (Article 258), money laundering (article 265), abuse of office and authority (Article 291), illegal facilitation (Article 292), receiving bribes (Article 293), giving bribes (Article 294), trading in influence (Article 295), giving bribes for trading in influence (Article 296), criminal association (Article 328) and committing a criminal offense within a criminal association (Article 329) of the Criminal Code II) fraud (Article 224), money laundering (Article 279), fraud in business activities (Article 293), receiving bribes in business transactions (Article 294a), giving bribes in business transactions (Article 294b), association to commit criminal offenses (Article 333), abuse of office and authority (Article 337), abuse of public office (Article 338), illegal mediation (Article 343), receiving bribes (Article 347) and giving bribes (Article 348) of the Criminal Code ("Official Gazette", No. 110/97, 27/98, 50/00, 129/00, 51/01, 111/03, 190/03, 105/04, 84/05, 71/06, 110/07, 152/08, 57/11, 77/11 and 143/12), that is, for the relevant criminal offenses under the regulations of the country of seat of the economic subject or the country whose citizen is the person legally authorised to represent the economic subject. Date: _________________________ Name and surname of the person authorised for representing the economic subject: _________________________ Signature: _________________________ LS Note: The statement shall not be older than three months following the publication date of the invitation to tender and this TD.



FORM IV / LIST OF CONTRACTS

(IV) LIST OF CONTRACTS

No.

Name of the other Contracting Party

Subject of the Contract

Contract value (HRK)

Project value (EUR)

Date of service provision (start and completion)

1

2

3

4

5

6

7

8

9

10

In _____________, ______ 2015

LS

_______________________

(signature of the person authorised by the Bidder)

Note: * The list of contracts shall be accompanied by:

a) a certificate of proper completion of services issued or signed by the Principal

The Principal may request the verification of the certificate authenticity from the other Contracting Party.



C. ANNEXES

LIST:

- (I) TERMS OF REFERENCE - (II) TECHNICAL DESCRIPTION OF LNG TERMINAL KRK - (III) CONTRACT PROPOSAL



(I) TERMS OF REFERENCE

SERVICES FOR THE PREPARATION OF TENDER DOCUMENTATION FOR THE

CONSTRUCTION OF LNG TERMINAL ON THE ISLAND OF KRK AND CONSULTING

SERVICES RELATING TO A CONTRACT FOR CONSTRUCTION OF THE LNG

TERMINAL ON THE ISLAND OF KRK

GENERAL INTRODUCTORY NOTES

The investment project for the construction of the LNG terminal for liquefied natural gas on the Island of Krk (hereinafter the LNG Terminal Krk) was accepted into the category of projects of common interest (PCI) of the European Union and included into the Ten Year Network Development Plan (TYNDP) project list, published by the authority ENTSO-G. The aforementioned is in accordance with “Regulation (EU) No 347/213 of the European Parliament and the Council of 17 April on guidelines for trans-European energy infrastructure” and its amendments contained in “Regulation (EU) No 1391/2013 of 14 October 2013 amending Regulation (EU) No 347/2013” (hereinafter: Regulation 347/2013 and 1391/2013). According to Regulation 347/2013 and 1391/2013, projects of common interest may be awarded financial aid of the European Union for study and construction works in the form of a grant or in the form of an innovative financial instrument. For the purposes of paying out financial aid, a common European fund “Connecting Europe Facility” (hereinafter: CEF) has been established. The conditions and procedures for providing financial aid have been stipulated by “Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility”. As part of the “EU 2008 IPA Programme for Albania, Bosnia and Herzegovina, Croatia, Montenegro, the former Yugoslav Republic of Macedonia, Serbia, Kosovo, Turkey and Iceland, Infrastructure Projects Facility Technical Assistance Window (IPA TA), EuropeAid/128073/C/SER/MULTI” and the subproject WB5-HR-ENE-01, the project “LNG RV – Conceptual Solution, the Feasibility Study and EIA/SIA and Conceptual Design” have been realised. A Market Analysis for the LNG terminal Krk, the Sociological Impact Assessment and the Feasibility Study have been prepared, a Resolution on the acceptability of the intervention for the environment has been obtained, the Concept Design has been prepared and obtaining a location permit for the construction of the LNG Terminal Krk is underway. Also, Designing and consulting services for the construction of the LNG terminal of Krk are ordered, which consist of the following activities:

1. Preparation of the Front End Engineering Design (FEED) for the LNG Terminal on the Island of Krk,

with the capacity of 6 billion m3, in accordance with the concept design,

2. Preparation of the Main Design of the LNG Terminal in accordance with FEED,

3. Obtaining the construction permit for the LNG Terminal on the Island of Krk,

4. Preparation of Front End Engineering Design (FEED) for the Truck Loading & Ship Bunkering

facilities,

5. Obtaining of Location Permit for combined-cycle cogeneration power plant for heat and power supply

of LNG Terminal: connection to the grid study (PAMP), technical-technological concept,

environmental impact assessment study, preliminary design and obtaining of location permit

Considering that the scope of the services from this Tender is the preparation of the TENDER DOCUMENTATION FOR THE CONSTRUCTION OF LNG TERMINAL ON THE ISLAND OF KRK AND CONSULTING SERVICES RELATING TO A CONTRACT FOR CONSTRUCTION OF THE LNG TERMINAL ON THE ISLAND OF KRK, the first four design activities are relevant for the implementation of these services.

1. Preparation of the Front End Engineering Design (FEED) for the LNG Terminal on the Island of Krk,

with the capacity of 6 billion m3, in accordance with the concept design,

2. Preparation of the Main Design of the LNG Terminal in accordance with FEED,

3. Obtaining the construction permit for the LNG Terminal on the Island of Krk,

4. Preparation of Front End Engineering Design (FEED) for the Truck Loading & Ship Bunkering

facilities



Therefore, for the purpose preparing tender documentation for the construction of the LNG terminal on the

Island of Krk, the abovementioned documentation with all its attachments shall be placed at the disposal of

the Bidder. At the same time, these documents shall be the basis for the preparation of the Technical part of

the Tender documentation.

Services for the preparation of tender documentation for the construction of LNG terminal

on the Island of Krk and consulting services relating to a contract for construction of the

LNG terminal Krk include the following services divided into seven main parts.

INTRODUCTION:

It is predicted that by the start of the bidding phase, which follows the prequalification phase for the

construction of the LNG terminal on the Island of Krk, the Employer shall have ready the Project and permit

documentation, the FEED prepared, the Main Design developed and obtaining the building permits shall be

underway.

Therefore, it is planned that the Tender documents which are the subject of this tender shall be prepared in

such a manner so as to enable bidding of works on the construction of LNG terminal per each phase for

which there will be a location / building permit issued, as well as a package for the entire LNG terminal, that

is, for all building permits together.

The criteria in the bidding phase shall be established in such a manner so as to ensure the selection of the

most favourable bid:

- of one main contractor for all phases together according to their bid for the subject package;

- of a combination of several contractors, each with a separate contract for a particular phase or

several phases

- of one contractor who offered a package with the possibility of nominating certain contractors that

offered only particular phases under more favourable conditions (together with the handling fee to

the main contractor),

In case of contracting the model with several contractors that would have a direct contract with the employer,

it is planned that the works per phases (individual building permits) which are independent of the FEED, that

is, which are not production processes, are performed in accordance with the construction contract –

general terms of “Red FIDIC”, but in accordance with a lump sum calculation of the performed works without

subsequent measurements of the quantities, and that the works on the phases depending on the FEED are

performed in accordance with the general conditions of “Yellow FIDIC”, with the possibility of allowing the

contractor to change the Main project and adapt it to their technology.

If the works are contracted with a single contractor for a package or with a single contractor with nominated

contractors for each phase of the works, contracting is planned in accordance with the general conditions of

“Yellow FIDIC” with the possibility of allowing the contractor to change the Main project and adapt it to their

technology.

The calculation of the works per all models would be the lump sum, and the risk allocation would be

performed in such a manner so that the Employer is responsible for the information provided by the

Employer (project documentation, geomechanics – soil risks), and the Contractor is responsible for

everything other than "force majeure", all with the aim of obtaining the optimal cost and a reasonable period

of construction.

All bidders shall accept such conditions and possibilities in a statement during the prequalification.



The planned stages and phases for which main designs shall be prepared and building permits shall be

obtained, and according to which groups the tendering shall be performed (but not limited exclusively to such

a division - it is possible to merge these phases and stages into one and/or tendering through merging of

individual stages and/or phases):

reconstruction of the existing pier B of Dina Petrokemija

Construction and equipping of plateaus on the Terminal - Terasman

LNG port with port substructure and superstructure, and other underwater works

LNG Terminal (without the evaporator system)

The evaporator system

Terminal infrastructure

Dispatch pipeline

Connecting high-voltage cable and connection to the power system

Connecting water supply

THE SERVICES ARE THE FOLLOWING:

1. Preparation of tender documents (Request for proposal) for the prequalification of potential

Bidders for the design, delivery and construction based on the DESCRIBED PRINCIPLE in the

Introduction, in the Croatian and English language

Preparation of preliminary specifications and technical description of the LNG terminal on

the island of Krk, Preparation of the instructions for the bidding, which shall include the manner of preparing

the prequalification bid, manner of bid delivery, and other parts of the instructions for the bidding, according to the model which supports the principle described in the Introduction

Preparing a tender for the prequalification which shall contain the following requirements for documentation delivery: references of the bidders, financial and commercial information on the bidder, strength of the bidder, constructed plants of similar characteristics, etc.

After the publication of the invitation to tender for prequalification, the consultant will answer inquiries for clarification by all bidders.

1.1. PREQUALIFICATION DOCUMENTATION

The tender for the prequalification shall contain at least the following chapters (not limited to the

aforementioned):

PART A. INSTRUCTIONS TO THE BIDDERS

1. GENERAL

1.1. ANNOUNCEMENT - INVITATION TO TENDER

1.2. GENERAL INFORMATION ON THE EMPLOYER

1.3. ELIGIBILITY TO PARTICIPATE

1.4. TYPE OF THE PUBLIC PROCUREMENT PROCEDURE

1.5. COMMUNICATION WITH THE INTERESTED ECONOMIC SUBJECTS / BIDDERS

1.6. PROCUREMENT RECORD NUMBER

1.7 LIST OF ECONOMIC SUBJECTS WHICH ARE IN CONFLICT OF INTEREST WITH THE EMPLOYER

1.8. PUBLIC PROCUREMENT CONTRACT

2. DATA ON THE PROCUREMENT SUBJECT

2.1. PROCUREMENT SUBJECT DESCRIPTION

2.2. LOCATION OF WORKS PERFORMANCE



2.3. ESTIMATED VALUE OF THE PROCUREMENT

2.4. DEADLINE, TERMS OF DELIVERY AND CONTRACT DURATION

2.5. ALTERNATIVE BIDS

3. REASONS FOR THE EXCLUSION OF BIDDERS AND DOCUMENTS WITH WHICH THE BIDDER

EVIDENCES THAT THERE ARE NO GROUNDS FOR THE EXCLUSION

3.1. MANDATORY REASONS FOR THE EXCLUSION

3.2. OTHER REASONS FOR THE EXCLUSION

4. PROVISIONS ON THE BIDDER CAPACITY

4.1. LEGAL AND BUSINESS CAPACITY

4.2. FINANCIAL CAPACITY

4.3. TECHNICAL AND PROFESSIONAL CAPACITY

5. INFORMATION NECCESSARY FOR PREPARING THE REQUESTS FOR PARTICIPATION

5.1. TIME NECESSARY FOR PREPARATION OF REQUESTS FOR PARTICIPATION

5.2. CONTENT AND PREPARATION

5.3. ELECTRONIC SUBMISSION OF THE REQUEST

5.4. BID PRICE

5.5. REDUCING THE NUMBER OF ELIGIBLE BIDDERS

5.6. BID SELECTION CRITERIA IN THE SECOND STAGE OF THE NEGOTIATING PROCEDURE

6. OTHER PROVISIONS

6.1 GUARANTEES

6.2. GENERAL CONDITIONS WITH REGARD TO FINANCING AND PAYMENT

6.3. GROUP OF BIDDERS

6.4. SUBCONTRACTORS

6.5. METHOD, DATE, TIME AND PLACE OF SUBMITTING THE REQUEST AND VERIFICATION OF THE

BIDDERS

6.6. REVIEW AND ASSESSMENT OF THE REQUESTS

6.7. INTEGRITY CLAUSE

6.8. INSTRUCTION ON LEGAL REMEDY

PART B. REQUEST FOR PARTICIPATION

PART C: LIST OF SIGNIFICANT CONTRACTS

PART D. TECHNICAL DESCRIPTION OF THE PROJECT

PART E. DECLARATION OF NO CRIMINAL RECORD

PART F. STATEMENT ON INTEGRITY

PART G. STATEMENT ON PROFESSIONAL COMPETENCE

PART H. STATEMENT ON ACCEPTING THE CONDITIONS FROM THE IT

PART I. STATEMENT ON ACCEPTING THE OBLIGATION OF SUBMITTING A LETTER OF INTENT

FROM A FINANCIAL INSTITUTION

PART J. STATEMENT ON THE ABSENCE OF A CONVICTION

PART K. CHECKLIST



2. Valuation (evaluation) of the submitted prequalification bids in the Croatian and English language

review of the bids and comparison with the tender documents (RFP),

preparation of a preliminary evaluation report,

preparation of a questionnaire with questions aimed at clarifying the bids,

review and commenting the responses,

preparation of evaluation reports with conclusions and recommendations,

It is proposed that a between 3 and 5 Bidders pass the prequalification.

3. Preparation of tender documents (Request for proposal) for the design, delivery and construction enabling the implementation of the model from the Introduction, in the Croatian and English language

Updating the bases, preparing the equipment and services specifications (scope of delivery, delivery limits) for the LNG terminal, under the terms from the FEED, Main Design, and location and building permits,

requirements regarding the functionality and features of the plant (performance and functional guarantees), guarantee conditions,

specification of the plant: an LNG terminal which shall be modern, safe, cost-effective and which shall provide high availability with a low number of incidents in all project conditions at the location shall be required. The selection of the equipment shall be such so as to ensure high reliability and availability of the plant with a low degree of wear during the project life cycle. The plant shall be constructed in the manner that it works in all conditions at the location without any restrictions, with minimal interventions by the operator and minimal maintenance during the entire operation.

conditions at the location and connection to the infrastructure,

requirements for the installation, testing and commissioning of the plant, as well as the implementation of guarantee measurements,

Preparation of the evaluation manual

preparation of specifications with the scope of services for contracting a multi-annual maintenance of the process plant (Long Term Service Agreement, hereinafter: LTSA)

tender for a perennial maintenance of process plant contract which provides spare parts and maintenance of process plant for a period of 6 or 12 years (or other defined term), which shall include as a minimum the evaporator system, the LNG pump system, tank system or the entire LNG terminal.

preparation of a draft Contract for the delivery and construction according to the principle stated in the Introduction and everything else necessary for the completion of the tender documents for the subject LNG terminal on the Island of Krk, in accordance with the "turnkey" construction principle pursuant to FIDIC.

After the announcement of the tender documents, the consultant shall:

answer the inquiries relating to clarification by all the qualified bidders,

participate in the visit to the location which shall be organised for the bidders

be available to all bidders for the purpose of providing clarifications and technical information.

3.1. Contents of the Tender documentation (minimum scope, without limitations due to the

information specified herein)

The tender documents shall basically include the following components (but not exclusively) which would

have to be adjusted and enable the models stated in the Introduction:



Volume 0

Instructions to bidders

Annexes:

o Annex 1: Governing letter

o Annex 2: Annex to the bid

o Annex 3: Statement on Integrity

o Annex 4: Statement on the submission of the bid bond

o Annex 5: Request for clarification (used by the Bidder)

o Annex 6: Deviations from the commercial and financial conditions

o Annex 7: Deviation from the Employer’s Requirements

o Annex 8: List of subcontractors

o Annex 9: The data to be provided in the Bid

Volume I

Conditions of the contract:

The contract agreement for the construction services according to the model stated in the

Introduction

Conditions of the Contract

o General terms according to FIDIC (Red and Yellow Book)

o Particular conditions (for each of the models from the Introduction)

Annexes:

o Annex 1: Performance guarantee



o Annex 2: Advance payment guarantee

o Annex 3: Parent company guarantee (if applicable)

o Annex 4: Agreement on judicial settlement of disputes

o Annex 5: Cost estimate

o Annex 6: Payment schedule

o Annex 7: Guarantees

o Annex 8: Timeline

Volume II

Employer’s Requirements

Employer’s Requirements

o Part 1: Introduction

o Part 2: Guarantees

o Part 3: Scope of works and delivery limits

o Part 4: Technical specification

o Part 5: Location and conditions at the location

o Part 6: Project management and program

o Part 7: Quality Control and Assurance

o Part 8: Audit of the Contractor’s project and documents

o Part 9: Training

o Part 10: Conducting tests after the completion and guarantee tests of the plant and

evidencing all Contractual guarantees

Annexes:

o Annex 1: The layout of the LNG terminal with the delivery limits

o Annex 2: Specification of the main equipment

o Annex 3: Specification of the auxiliary equipment

o Annex 4: Specification of the works (civil works, mechanical works, electrical works,

instrumentation works, and other works)

o Annex 5: Table of delivery limits

o Annex 6: Main flowcharts

o Annex 7: Single-pole diagrams

o Annex 8: MRU configuration

o Annex 9: Schematic diagrams, mass and other balances



o Annex 10: Specification of natural gas and LNG

o Annex 11: Interconnections to the infrastructural facilities/systems and conditions for the

connection with technical data

o Annex 12: Groundwater and soil analysis

o Annex 13: Environmental Impact Assessment (EIA data)

o Annex 14: Data from the Geomechnical and other exploratory testing

o Annex 15: Particular conditions of the Employer

o Annex 16: Requests for project documentation (Employer’s instructions)

o Annex 17: The process of obtaining permits

o Annex 18: Encryption system (Employer’s application)

o Annex 19: HSE requirements for the Contractors (Employer’s instruction)

o Annex 20: Organisation and timetable

o Annex 21: Contract on the long-term maintenance of the plant (LTSA)

3.2. Content of LTSA Tender documentation

It is presumed that the Contractor(s) or their original equipment manufacturers (OEM) shall be responsible

for the LTSA, therefore the LTSA Tender documents shall form an Annex to the EPC Tender documentation.

The procedure of preparing the tender documents for LTSA is as follows:

1. Interviews and questionnaires for the initial LTSA information

At the beginning, the Consultant shall interview the Employer and send an email with a list of

questions so as to enable the Employer to prepare and collect the answers/documents for the

Consultant;

The Employer shall prepare and collect the required data/information/documents and send them by

email to the Consultant.

2. Local activities

The consultants shall collect the available data on the market and data within the Employer’s

company, such as any existing LTSA.

Based on the material and information received from the Employer, and based on the

data/information within their company, the Consultant shall prepare the tender documents for the

LTSA in the form of an Annex to EPC Tender documents.

3. Comments of the Employer on the draft of the LTSA Tender documentation

The consultant shall prepare the audit zero (0) of the LTSA Tender documentation as an Annex to

the EPC Tender documents and shall issue it in order for the Employer to give their

review/comments.

The documentation shall include as a minimum detailed technical bases for a long-term maintenance

contract which provides spare parts and maintenance for the period of the design life cycle, which

shall include as a minimum the evaporator system, the LNG pump system, tank system, and ideally

the entire LNG terminal.

o achieving the minimum guaranteed work hours per year at a defined capacity and defined



terminal operating regimes

o achieving the technical and technological guarantees for the plant/component

o defining the penalties for the adjourned working hours in a year

o defining the penalties for failure to achieve the technical and technological guarantees for the

plant/components in a year

4. Final activity

Based on the above mentioned comments, the Consultant shall prepare and submit the final text of

the Tender documentation for the LTSA that shall form a part of the Tender documents for the EPC.

3.3. Preparation of the evaluation manual

The evaluation manual shall contain a detailed description of the evaluation of bids, with the following typical

content of the evaluation manual:

CONTENT

1 GENERAL

2 POINTS DURING THE EVALUATION PHASE

3 SUMMARY OF THE EVALUATION PROCEDURE

4 INITIAL BIDS, EVALUATION

5 FINAL BIDS, EVALUATION

6 EVALUATION OF NET PRESENT VALUE

6.1 Basic assumptions

6.2 The present value of the guarantee for the plant characteristics

6.3 Guarantees for the plant characteristics for the base case

6.4 Guarantees for the plant characteristics for the optional case

6.5 Present value of the bid price

6.6 Options and deviations

7 EVALUATION OF CONTRACTUAL TERMS, TECHNICAL SOLUTIONS AND PROJECT

IMPLEMENTATION

4. Valuation (evaluation) of the submitted bids in the Croatian or English language

evaluation of technical as well as the commercial and financial part of the bid with the possibility of adjusting to the specific requirements of the Employer. It is presumed that in the evaluation process the Consultant shall prepare proposals for the Employer's team for the evaluation of bids which adopts decisions on further activities.

review of the bids and comparison with the tender documents (RFP),

review of the bid integrity and compliance with the tender documents

Evaluation of technical part of the bid : integrity, functionality, incorporation into the existing location, efficiency level of each subsystem, interconnections with the infrastructure, verification of technological schemes and P&I diagrams, evaluation all requested environmental requirements (noise, emissions into the air, water and soil, and the other requirements of EIA), incorporation of the plant into the all conditions from the location and building permits, maintenance costs, spare parts

Evaluation of the commercial and financial part of the bid in accordance with the calculation of the project net present value, calculation of the internal return rate, return on investment deadline, information on investments, data on loans.

Evaluation of the bids for the LTSA. Maintenance costs shall be calculated on the basis of the Bidders bid for a long-term supply of spare parts and maintenance (LTSA Contract), which may be amended by other applicable/relevant information on the equipment, availability and maintenance if necessary).

Preparation of a questionnaire with questions aimed at clarifying the bids and conducting several rounds of technical negotiations and clarifications until the moment of fulfilling all the technical requirements

After the completion of technical negotiations, as well as negotiations on commercial terms, the final bid price shall be requested



Collecting the final corrected price of the qualified Bidders

Evaluation of the bidders and the selection of economically most favourable bid

preparation of a preliminary evaluation report,

preparation of the evaluation report with conclusions and recommendations,

preparation of a draft Contract for the delivery and in accordance with the "turnkey" construction principle pursuant to FIDIC.

preparation of a draft Contract for the LTSA. 5. Preparation of the proposal of the Contract with the Design Contractor, obtaining the permits,

equipment delivery and construction in accordance with FIDIC

Preparation of the bases and proposals of the design contract, obtaining the permits, equipment delivery and

construction in accordance with FIDIC, which shall include the following chapters:

General provisions

Employer's obligations

Engineers’ obligations

Contractor’s obligations

Requirements regarding the design

Requirements regarding the Contractor’s personnel and workforce

Requirements regarding the plant, materials and works

Commencement of the works, delays and downtime

Defining the requirements for the implementation of guarantee tests after the works completion

Defining the manner of works takeover by the Employer

Defining the responsibilities for the deficiencies

Defining the implementation of tests after the completion

Variations and adjustments

Contractual price and payment methods

Termination by the Employer

Suspension and termination by the Contractor

Defining the risk allocation relating to responsibility

Requirements regarding the Insurance

Force Majeure

Disputes and arbitration

With regard to the Employer’s request, articulated through the tender documents, that the EPC Contract be

based on FIDIC in accordance with the "turnkey" calculation system, which, as a standardised and, in most

EU countries, codified form, probably does not adequately meet all the wishes and needs of both the

Employer as well as Contractor, special attention shall be given to the part of the Contract with regard to the

particular conditions which would regulate all the variations, adjustments and additions to the General

Conditions by defining the desired risk allocation; degree of supervision and control by the Employer over the



project realisation, especially with regard to the design and execution of the works; verification and payment

of the performed works; works takeover; adjustment to the Croatian legislation in the part of a peremptory

standards, possible exclusion of the implementation of the Special codes of practice in construction as

codified standards in the territory of the Republic of Croatia, as well as the adaptation to other specific

Employer’s requirements, all with the aim of optimising the process of negotiations with potential Contractors

and precisely defining the will of the parties.

In this manner, through well-defined Particular contracting conditions, the understanding of the Employer’s

requirements articulated through the entire tender documents shall be facilitated, ambiguity, vagueness and

obscurity shall be reduced, consequently facilitating the negotiations on the allocation of work and finally

reducing the possibility of possible subsequent requirements by the Contractor which may result in

prolongation of the deadlines and increased construction costs.

Special attention in the Particular Conditions shall be paid to the chapters Variations and Claims, Disputes so

as to adjust them to the specifics of the subject works, i.e. the project and Croatian legislation.

It is therefore essential that the Particular conditions define the manner of dispute resolution and possible

variations of the prescribed procedure in the General Conditions.

Furthermore, due to the specific location and very subject of the contract, through the “Particular conditions”

part all necessary circumstances and variations in comparison to the "General part of the Contract", which

are essential to the Employer, shall be defined, which is a very complex task.

Considering that the FIDIC General Conditions "e.g. yellow book” have a certain harmony, i.e. sequence and

meaning, that is, that all provisions are connected in some manner, the preparation of the Particular

conditions requires good knowledge and understanding of the General Conditions from the "yellow book" in

order to prevent the variations and additions through particular conditions from disrupting the essential

meaning and sequence stated in the General Conditions. Therefore, the Contractor of the subject services is

expected to possess extensive knowledge on FIDIC, as well as significant references and experience in

performing the subject services.

During the bid evaluation the Consultant shall have at least the following tasks:

attend the bid opening

prepare the evaluation of the technical part of the bid for EPC / LTSA services - Phase 1

prepare the evaluation of the commercial and financial part of the bid for EPC / LTSA services – Phase 1

Based on the review of the technical part of the bid, prepare and send inquiries on the technical part of the bid to the Bidders

based on the review of the commercial and financial part of the bid, prepare and send inquiries on the commercial and financial part of the bid to the Bidders

evaluate the responses to the queries on the technical part of the bid

evaluate the responses to the queries on the commercial and financial part of the bid

attend the meetings for clarification of the bids (meetings on the technical as well as the commercial and financial part of the bid with each bidder, a maximum of 10 days per bidder)

end of the evaluation of the technical part of the bid for the EPC / LTSA services - Phase 2

end of the evaluation of the commercial and financial part of the bid for the EPC / LTSA services - Phase 2

preparation of final evaluation and preparation of the Preliminary evaluation report

preparation of the Final evaluation report,

6. Participation in meetings and negotiations

conducting the meetings and negotiations with the bidders,

support in negotiations for the provision of financial resources until the final adoption of the investment decision on construction

participation and consultation of LNG Croatia in negotiations with the potential financiers of the project.

7. Consulting services during the implementation of the Contract Once the Client concludes a Contract with the selected bidder for the design, obtaining permits, equipment delivery and construction of the LNG terminal Krk, the Bidder shall, when



necessary and by the order of the Client provide consulting services for the entire duration of the Contract with the aim of monitoring the implementation of contracts and protection of the interests of the Client. Services from this paragraph will be provided solely on the written request of the Client. It will be delivered in written form, and exceptionally as a voice service in which case the record shall be made of the service provided. For services under this section is envisaged a maximum of 3000 hours.

Other

The Bidders shall perform their services, depending on the need, in their office and/or at the location of LNG Croatia and/or the location of the Bidder, that is, financier

The bid price shall also include all other indirect costs (travel, accommodation, transportation, translation costs, etc.)

LNG Croatia shall make available to the Bidder all available documentation for the subject project. LNG

Croatia shall provide the necessary premises for conducting the meetings.

(II) TECHNICAL DESCRIPTION OF LNG TERMINAL KRK The LNG terminal intervention includes: a new jetty for ships transporting liquefied natural gas (LNG), a system for their admission and mooring, an LNG decanting system, facilities and plants on land necessary for LNG storage and processing, buildings and auxiliary facilities necessary for the accommodation of persons employed at the terminal, a metering system for the supplied gas quantities and the transmission gas pipeline for natural gas supply to the connection to the future GN Omišalj. The LNG terminal location is on the north-west part of the Island of Krk on the cape Zaglav, in the area owned by the municipality Omišalj and which is located in the Primorje-Gorski Kotar County. The location is positioned approximately 1.5 km south-west from Omišalj and approximately 2 km north of Njivice. The primary purpose of the LNG Terminal is to enable access to remote gas sources in the world regardless of the existing or planned gas pipeline networks in the Republic of Croatia. The planned gas delivery capacity of the terminal into the gas pipeline system of the Republic of Croatia would amount to up to 6 billion m

3 of natural gas per year. The planned LNG storage would be realised with

2 land tanks in the full-containment variant, with a total capacity of 360,000 m3 of LNG (2x 180,000 m3). The

position of the optional third LNG tank is planned for the possible expansion of the terminal capacity in the future. The tanks have are 55 m high and have a diameter of 80 m. The total land surface of the intervention amounts to approximately 300,000 m

2. The length of the land

section amounts to approximately 1,000 m, while the width amounts to 200-450 m. The subject area on the one side borders in its entire length with the area where the DINA Petrokemija was constructed, while the local public road, which connects to the main island road, that is, the state road D102, is located on the other side. The LNG Terminal area also has access to the shore at its far north-western part. It is planned to enclose the entire terminal area with a safety fence with appropriate lighting. BASIC INFORMATION ON THE LNG TERMINAL The basic parameters of the Terminal have been defined in the concept design:

Plant shall be design an emission of 800.000 Nm3/h

The annual gasification (delivery) capacity: 6 bcm (billion cubic meters) per year

Tanker size: ships of various sizes, including the most modern and largest LNG tankers with a capacity of 265,000 m

3 (Qmax ships; “Qmax”= abbreviation of Qatar max). The subject Qmax ship

has the dimensions 345 x 54 (w) x 35 (h) with a draught of approximately 12m and a capacity of 265,000 m3

The planned annual ship circulation for maximum terminal capacity – 50 to 80 ships

The terminal consists of four main functional units: jetty, tank (2x 180.000 m3), degasification system

and the system for gas delivery to the gas network Design needs to include following LNG quality:

Heavy

Light

Average (design) LNG



FUNCTIONAL UNITS AND MAIN COMPONENTS OF THE PLANT The LNG Terminal includes the following units: 1. Process plants:

jetty and an LNG dispensing system

LNG metering station

pipeline system for LNG transportation to the tank

LNG storage system consisting of a tank and low pressure pumps

boil-off gas compressors

recondenser

high pressure LNG pumps

SCV vaporizers with a stack

flare system

natural gas metering station and gas pipeline

control system for SCD SSD, SSA 2. Auxiliary plants:

production and distribution of instrument and service air

nitrogen production and distribution

power supply system

emergency power supply system

supervision and management system,

gas and fire detection system,

communication systems

fire protection system

water supply systems and drainage systems, including waste water treatment systems 3. Buildings, auxiliary structures, infrastructure:

administrative building

main control building

control building and jetty substation

workshops, warehouses, fire station building

main substation

nitrogen production plant substation

110 kV plant based on GIS technology

sea water intake building and fire water pump station

tubular bridges

plateaus and bearing walls, roads, parking lots, footpaths

fence, guard house, jetty guard house

lighting

internal and external infrastructure (pipelines and cables)

1. Transmission gas pipeline 2. Power plant 3. Bunkering plant

PLANTS AND FACILITIES – ACCOMMODATION AT THE LOCATION OF THE INTERVENTION The aforementioned plants and facilities are physically grouped into several areas:

coastal plants and facilities

LNG warehouse space

process plants

auxiliary plants

building area

external infrastructure and common systems



Coastal plants and facilities The coastal plants and facilities include the following:

jetty and an LNG dispensing system

control building and jetty substation

sea water intake building and fire water pump station

jetty guard house, fence, lighting and auxiliary infrastructure The coastal plants and facilities are located at the LNG terminal according to the conceptual design (Conceptual design will be shown to all Bidders during site visit). Jetty The jetty has two main functions: the admission and stay of the ship during unloading, for which purpose it shall be equipped with all the necessary equipment (navigation devices, fenders, cleats and other) and the accommodation of equipment for LNG unloading from the ship. The jetty includes the following:

jetty head

fire protection towers (2) with remote control from the jetty control room

fenders

mooring bollards

access bridge

temporary reconstruction of existing DINA's jetty in order to enable the equipment delivery and for the purpose of auxiliary jetty during works execution

removal of existing DINA's jetty prior to construction of new jetty for LNG unloading

The jetty head (loading platform) consists of a concrete caisson with layout dimensions of 25 x 45 m, with a height of 21 m. The caisson is based at an altitude of – 16 m, the upper caisson plate is located at the altitude + 5 m above the sea. The caisson is based on a stone material base, it is lined with stone on the sea side and the sea depth at the mooring line is 15 m. A reinforced concrete or steel structure of the loading platform shall be constructed on the upper caisson plate which shall be located at a height of + 16 m above the sea. Process and auxiliary equipment of the plant for decanting and LNG dispatch to the tank shall be constructed on the loading platform, which includes the following:

four LNG unloading arms

one unloading arm for boil-off gas return

unloading system drainage vessel

LNG sampling system

fire protection equipment

access paths, platforms, stairs, fences

lighting Fenders (mooring bollards) consist of a concrete caisson with layout dimensions of 16 x 16 m and a height of 20 m. The caisson is based at an altitude of – 16 m, the upper caisson plate is located at the altitude of + 4 m above the sea. The caisson is based on a stone material base, it is lined with stone on the sea side and the sea depth at the mooring line is 15 m. A reinforced concrete or steel structure of the loading platform shall be constructed on the upper caisson plate which shall be located at a height of + 8 m above the sea. The installation of the following equipment is planned on the fenders:

one unit which consists of two quick release hooks

two plate fenders

access paths, fences

lighting



Mooring bollards consist of a concrete caisson with layout dimensions of 16 x 16 m and a height of 24 m. The caisson is based at an altitude of – 16 m, the upper caisson plate is located at the altitude of + 4 m above the sea. The caisson is based on a stone material base, it is lined with stone on the sea side and the sea depth at the mooring line is 15 m. A reinforced concrete or steel structure of the loading platform shall be constructed on the upper caisson plate which shall be located at a height of + 8 m above the sea. The access bridge is ~90 m long and consists of the following:

roads for road and pedestrian access

tubular bridge A road 5 m wide shall be constructed on the access bridge for road access for vehicles used in plant maintenance on the jetty. A separate pedestrian access shall be constructed alongside the road. The bridge bearing construction shall be constructed as a steel or reinforced concrete structure, which shall be defined in the main design development phase. LNG pipes, a boil-off gas pipeline, a fire water pipeline and other installations shall be placed on the tubular bridge. The tubular bridge shall be constructed as a steel lattice structure. Control building and jetty substation The control building and the jetty substation shall be located in the coastal part, in the vicinity of the jetty and the unloading plants, with an access road leading to the jetty. The jetty control building is a single-storey building with layout dimensions of 28.5 x 6.5 m and a height of 5.0 m from the surrounding area. The building shall consist of the following premises: a control room, premises for the accommodation of instrumentation equipment, a transformer chamber and electrical equipment, an entrance area, sanitary premises and a kitchenette, as well as premises for the accommodation of mechanical equipment (hydraulic unit). The entrance into the building is on the south side, from the entrance landing. The control room is located on the western part and oriented towards the jetty. The transformer chamber and the premises for mechanical equipment have direct entrances also on the south side, from the jetty access road. The building is planned as a brick structure, with a reinforced concrete ceiling slab, all based on a reinforced concrete strip foundation. Eaves shall be constructed for protection against excessive sunlight. Equipment for the supervision and control of the LNG unloading process (unloading arms, hydraulic unit), as well as communication and other equipment regarding the admission and stay of the ships during unloading shall be accommodated in the control room. In the premises where it is necessary, a double floor shall be constructed in order to lead the cables to the equipment. The building shall design with a wire space in a basement and/or technical floor. HVAC system will be included CCTV and communication systems shall be considered. Sea water intake building and fire water pump station, coastal defence The sea water intake building and fire water pump station are located south from the jetty. The building consists of an entrance canal where the equipment for flow regulation and removal of impurities from sea water (gates, lattices, sieves), pump chambers and engine rooms are located. Submersible pumps are located in the pump chamber and their drive units are situated in the engine room which is located above the pump chamber. Two pumps for sea fire water intake are planned, one driven by an electric motor and the other by a diesel motor. A diesel fuel tank with a volume of 500 l shall be installed for the purposes of the diesel motor. The sea water intake building and the fire water pump station is a building with a reinforced concrete structure, based on a reinforced concrete panel at an altitude of approx. – 5.0 m. The altitude of the engine room floor is located at +5.0 m. The walls shall also be constructed using reinforced concrete. The pump station entrance shall be constructed on the handling area on the east side. Sea water intake for 2 fire protection pumps are required. It shall be included a plan for future expansion at least in all projects. Plan for maintenance and pump removal will be considered.



An intake canal shall be constructed for the purposes of sea water entrance. Coastal defence shall be constructed in order to protect the coast against wave erosion. The aforementioned is a marine structure, with a trapezoidal cross-section constructed from rock fill. The core consists of crushed stone aggregate lined with two external layers of rock fill which protects the core against fine particle washout. The crown of the coastal defence is located at an altitude of +5.0 m and the leg at an altitude of approximately -2,0 to -5.0 (sea bed altitude). In the vicinity of the fire water pump station on the plateau, a buried diesel fuel tank with a volume of V=10 m

3 shall be located, as well as a space for the truck tanker for the purposes of filling the diesel fuel tank. The

subject area shall be constructed as waterproof, resistant to petroleum products and connected to the oily sewage. A nitrogen tank with accompanying equipment shall be located on the plateau together with a space for the truck tanker for the purposes of filling the nitrogen tank. Jetty guard house, fence, lighting and auxiliary infrastructure The jetty plants shall be located within the fenced area, west of the main access road to the LNG Terminal. A jetty guard house shall be constructed at the entrance to the jetty plants. The jetty guard house is a single-storey building with layout dimensions of 6.5 x 5.5 m and a height of 4.0 m from the surrounding area. A guard room, entrance, wardrobe and sanitary facilities shall be constructed within the guard house. The guard room is oriented towards the entrance into the jetty section. The building is planned as a brick structure, with reinforced concrete ceiling slab, all based on a reinforced concrete strip foundation. Eaves shall be constructed for protection against excessive sunlight. External lighting shall be constructed at the plant. For the purposes of external lighting, it is planned to install poles 10 m high with searchlights, place them at the entrance section. Furthermore, lighting poles with a height of 5 m are also planned and shall be located alongside the road. The jetty plants shall be located within the fenced area. The construction of a double fence is planned, with a minimum external height of 2.5 m and an additional slanted top 0.4 m long and minimum internal height of 2.0 m. The space between the external and internal fence shall be 2 m. The auxiliary infrastructure shall include plumbing and sewage installations as well as electrical installations. CCTV system shall be installed. LNG storage area The total annual capacity of the LNG storage area amounts to 360,000 m3. The construction of two LNG tanks with a capacity of 180,000 m3 is planned. The tanks have a diameter of 80 m and are 55 m high. The LNG storage area shall be located on the east part of the Terminal, on the land situated on the plateau next to the existing plants of DINA Petrokemija. The area occupied by the storage area amounts to approximately 400x130 m and the approximate plateau height altitude of the LNG storage space amounts to +10.0 m. The tanks shall be located in the north-west part of the plateau, while the south part shall remain unoccupied for future development. The tanks shall be constructed in the full containment variant. The internal tank shall be made of stainless steel alloy and the external of prestressed concrete, with a heat and isolation layer between. In each tank, in the wells, three low pressure submerged electric motor LNG pumps (functional) and a fourth (spare) pump are planned.



All breaches for pipe and cable passage into the tank shall be located on the upper side of the tank. Equipment for continuous tracking of the status in the tank and other equipment necessary for safe operation shall be installed in the tank. Following codes needs to be implemented:

API 625, para 5.4 and figure 5.9 “Full containment tank system. Steel primary container, concrete

secondary container and concrete roof” for a suitable depiction of the relevant design concept and

principal components of the tank.

EN 14620 “Design and manufacture of site built, vertical, cylindrical, flat-bottomed steel tanks for the

storage of refrigerated, liquefied gases with operating temperatures between 0 °C and -165 °C

NFPA 59A “Storage for the production, Storage and handling of LNG

Process plants The plants for boil-off gas processing which constantly occurs in the system and the plants for LNG processing (increase of pressure, temperature, degasification) and transmission into the main gas pipeline system are included as follows:

compressor station and accompanying facilities

recondenser

high pressure LNG pumps

vaporizers

gas pipeline and natural gas metering station

flare

The process plants shall be located south-west from the zone containing the LNG tanks, on the plateau occupying an area of approximately 360x80 m. The approximate plateau height altitude shall amount to +22.0 m. The plants shall be located alongside the main tubular bridge which shall span in the direction south-west – south-east, between the tank zone and the process zone. Compressor station The compressor station shall be located within the process plant zone, along the main tubular bridge on the east side. The compressor station is a single room single-storey building with layout dimensions of approximately 54.0 x 16.9.0 m and a height of 15.7 m from the surrounding area. Three compressor units with electric motor drives and accompanying equipment shall be located within the building: - the boil-off gas compressor – two units and a compressor for supply into the gas pipeline – one unit. The compressor station shall be constructed as a steel structure, with poles made of rolled steel sections and a steel roof structure. A secondary structure for façade, that is, cover panel suspension shall be mounted on the steel structure. Reinforced concrete, spread footings, connected by grade beams are planned as foundations. The compressor foundations are also reinforced concrete structures, dilated in relation to the remaining part of the facility. A crane runway shall be constructed in the compressor station. A crane servicing platform shall be placed next to the crane runway. Walkways and steel structure platforms shall be constructed at the altitude +1.20 for the purposes of accessing the compressor. The façade and roof cladding shall be constructed using metal insulation panels. On the longitudinal façades (on either side) the façade cladding shall be constructed above the altitude +4.00 and in the roof ridge a roof cowl shall be constructed. In this manner efficient natural ventilation of the compressor station area shall be ensured. Road access to the compressor station is available directly from the plateau and the internal road on the south-west side.



Accompanying facilities and equipment are planned alongside the compressor station: compressor suction scrubber, LP drain vessel, refrigerators for lubricating oils and the building for the accommodation of instrumentation equipment. The suction scrubber of the boil-off gas compressor and the LP drain vessel shall be located next to the compressor station. The compressor suction scrubber is a vertical cylindrical vessel with a capacity of approximately 8 m

3 and it is mounted onto the reinforced concrete framework structure at a height of 4.0 m.

The drain vessel is a horizontal vessel with a capacity of approximately 20 m3, located at the terrain level. A steel structure shall be constructed next to both vessels for pipeline supports and stairs for maintenance personnel access. The entire structure shall be reclined on the reinforced concrete strip foundation. Study of fire protection system needs to be prepared. Space for dismantling and removal needs to be predicted. Building for instrumentation equipment accommodation The building for instrumentation equipment accommodation is a single storey building with layout dimensions of 6.3 x 16.8 m and a reinforced concrete structure. The road access to the building for the accommodation of electric and instrumentation equipment is from the plateau on the south-west side. HVAC needs to be implemented. Boil-off gas recondenser The boil-off gas recondenser shall be located in the vicinity of the high pressure pumps. The boil-off gas generated in the system shall be reliquefied in the LNG stream inside the recondenser. The boil-off gas recondenser shall be mounted onto the reinforced concrete slab foundation with dimensions of approximately 6.0 x 6.0 m. Designed needs to evaluate to design desuperheater upstream KO drum in order to control temperature of compressor suction. High pressure pumps The high pressure pumps raise the LNG pressure prior to degasification and gas supply into the main gas network. The installation of 5 high pressure pumps (4 functional, 1 spare) is planned. The high pressure pumps are planned for vertical installation. Each pump shall be mounted inside an area of 10.0 x 6.5 m in size, which is enclosed on three sides by 3.0 m high protective walls. The pump shall be mounted inside a reinforced concrete shaft with a size of 3.5 x 4.5 m and a depth of approximately 5.0 m. The electric motor drive is located in the aboveground section, above the pump. The steel structures include supports for the equipment and pipelines, as well as platforms and climbers for the purposes of accessing parts of the equipment. The high pressure pumps shall be located in a sequence in the area south-west from the compressor station, next to the main tubular bridge. Vaporizers LNG is heated and transferred into a gaseous state in the vaporizers. SCV type vaporizers - submerged combustion vaporizers, are planned. The subject vaporizers consist of a pool which contains water, installations for air supply and gas supply for the burner, a burner and distribution panel for flue gases submerged into a water bath, a canal for flue gas transmission and a tube coil through which LNG flows, which is degasified. The pool containing water has approximate dimensions of 12.0 x 5.5 m and a height of 4.5 m. A platform shall be constructed on top of the pool, on which the vaporizer equipment shall be mounted. Access to the equipment shall be constructed on the platform for control and maintenance purposes.



Mounting of 5 vaporizer units (4 functional, 1 spare) is planned, each unit with a max. capacity of 200,000 m3/h. The vaporizer unit group shall be located next to the main tubular bridge, south-east from the high pressure pumps. A common stack shall be located next to the vaporizers. The stack shall be 50 m high. The preparation of the TECHNICAL AND ECONOMIC ANALYSIS OF LIQUEFIED NATURAL GAS VAPORIZERS OF THE LIQUEFIED NATURAL GAS ACCEPTANCE TERMINAL ON THE ISLAND OF KRK is underway and it shall define the optimum gas vaporization system. After the preparation of the study, the final solution for the vaporizer system shall be defined. Prior to initiating the FEED preparation, the Client shall define which vaporization system shall be designed. The Bidders shall, therefore, take into consideration that the vaporizer variant shall be determined and defined immediately before initiating the FEED preparation and on the basis of this knowledge they shall also define the FEED price as part of their bid. In case the Client selects a different vaporization system than the one described herein, as part of FEED preparation, the Contractor shall prepare all documentation related to the vaporization system defined by the Client without any modification of the contracted price and without any modification of contractual time schedule. Natural gas metering station prior to supply into the gas pipeline The natural gas metering station shall consist of four metering lines, three functional and one spare, each with a third of the transmission gas pipeline capacity. The metering station shall collect data on the gas during the release into the main gas system (flow, pressure, temperature, composition) and shall be equipped with all the necessary equipment. The metering lines shall be constructed above ground and shall be reclined on the pipe supports. For control and maintenance purposes, walkways and platforms for accessing the equipment shall be constructed. An integral part of the metering station is the building for instrumentation equipment accommodation. The aforementioned is a single-storey building with layout dimensions of 6.3 x 2.6 m. The metering station shall be located in the south part of the Terminal, in an especially enclosed area with dimensions of 25 x 60 m and with access from the Terminal. Flare A flare is a steel lattice pillar approximately 35 m high, reclined on the foundations of a reinforced concrete structure. Flare installations (pipes and cables) are placed within the structure and access to the top is provided (climbers and platforms). Close to the flare, on the pipeline route, a liquid separator shall be constructed. The aforementioned is a horizontal cylindrical vessel with a capacity of approximately 20 m

3, reclined on reinforced concrete

foundations. The flare shall be located on the far southern part of the Terminal. A clear area covered in gravel without any vegetation or other flammable material shall be constructed around the flare in a 60 m diameter. The gas shall be released to the flare only in case of an emergency – in case of excessive increase in the pressure in the boil-off gas system. Philosophy of high and low pressure main drum system could be consider included provision of nitrogen connection for permanent purge in order to avoid air intrusion inside flare stack and related systems. LNG pipelines The jetty unloading arms shall be connected into a steel pipeline leading to the LNG tank. The LNG flow pipeline, as well as the boil-off gas return pipeline, extending from the jetty to the LNG tank, are equipped with a number of safety elements (shut-off valves, pressure relief valves, temperature relief valves, …). The LNG pipeline has a diameter of DN 1000, it is thermally insulated, with a length of ~1300 m. There are 7



expansion loops located on the route which shall be installed into the pipeline due to significant differences in working temperature and great length of the pipeline. On the initial part of the route from the jetty to the shore, the pipelines shall be placed on the tubular bridge. Then the pipelines are placed on steel supports with plain or fixed bearings. At the intersection with the road towards the industrial port of DINA Petrokemija, a reinforced concrete culvert shall be constructed under the road. Then the pipeline shall also pass through the culvert under the internal road within the Terminal fence. After the culvert, the pipelines are placed on steel supports toward north-east and after ~180 m turn toward south-east. After ~410 m the pipelines pass over the internal road on the tubular bridge and continue toward south-east passing next to the storage space on the one side and the process plants on the other side and shall end at the flare. LNG drainage The design provides for an LNG detection and collection system in case of a possible leakage. The spilled LNG shall be directed by the terrain descent to the open collection canals leading to the retaining reservoirs. The aforementioned shall prevent free LNG spreading, reduce its evaporation, as well as the vapour cloud spreading. The collected LNG may evaporate under controlled conditions in the retaining reservoirs. Foam shall be used to control the evaporation. The storm water drainage from the retaining reservoirs shall be constructed using an additional pump shaft which shall be connected to the retaining reservoir through a water shutter (which shall be frozen and sealed in case of LNG leakage). The retaining reservoirs are planned in the following locations:

jetty

in the process plant zone

next to each LNG tank

Auxiliary plants and facilities This part of the concept design deals with facilities and auxiliary plants, which includes the following:

instrumentation and service air preparation unit

nitrogen production plant

GIS switchyard

main substation

nitrogen production plant substation

emergency electricity supply generator

fire water tank and pump station

water supply and drainage facilities and installations The auxiliary plants shall be located south-west from the process plant zone, in the area extending from the Terminal border toward the public road. The auxiliary plants shall be constructed on several plateaus which shall be constructed at the altitude of +22.0 to +26.0 m. Air preparation unit A certain amount of instrument and service air is necessary for Terminal operation. The instrument and service air shall be produced in the unit which is comprised of the compressor, moisture separator, dryer and air tank. The compressors and dryers shall be located within the facility of layout dimensions 10.6x10.6 m, with a height of 6.0 m from the surrounding area. The facility shall be prepared as a steel structure, with columns from rolled steel profiles and a steel roof structure. A secondary structure for façade, i.e. cover plate suspension shall be mounted on the steel structure. The foundations are planned to be reinforced concrete. The compressor foundations are also of a reinforced concrete structure, dilated in relation to the remaining part of the facility. The façade and roof cladding shall be constructed from metal insulation panels or a steel sheet profile. The façade cladding shall be constructed on three sides, while the front side shall be open to the height of 4.0 m, where a direct road access is provided. The air preparation unit shall be located on the north part of the auxiliary plants, on a plateau at an altitude of +24.0 m, north from the internal road.



Nitrogen production plant A nitrogen production plant shall be constructed at the Terminal. The nitrogen shall be produced by cryogenic distillation from air or PSA system. The plant shall be comprised of a liquid nitrogen generator, liquid nitrogen tank, pumping unit, electric vaporizer, high pressure surge tank and an air regulation unit. The nitrogen production plant shall be located in the north-west part of the auxiliary plants, on a plateau at an altitude of +26.0 m, in an area the size of approximately 55x50 m. 110 kV plant based on GIS technology The LNG Terminal shall be connected to the electrical power network, mainly to the 110 kV system. The existing 110 kV plant (HEP) is located approx. 1,300 m east from the intervention area. The voltage level of main consumers shall amount to 6.6 kV and that of the auxiliary 0.69 and 0.4 kV. The 110 kV plant shall be constructed within the building based on GIS technology. The total layout dimensions of the building shall amount to 36.0 x 14.8 m, with one underground level and ground floor. The total height of the building shall amount to 11.3 m. The building of the 110 kV plant based on GIS technology shall be located in the southern part of the Terminal, on a plateau at an altitude of +24.0 m, within an enclosed area of dimensions ~55 x 72 m, with an external entrance, directly from the main road on the western side of the Terminal. An internal road shall be constructed within the enclosed area. The 110 kV plant based on GIS technology is located in the ground part within the building, as well as the station computer room, own consumption room and the entrance area and sanitary facilities. The cable premises, workshop and warehouse are located at the underground level. A crane runway is planned for construction in the premises housing the 110 kV plant based on GIS technology. The building shall be of a reinforced concrete bearing structure. Foundation on strips or reinforced concrete slabs is planned in this phase of project development. The final treatment of floors, walls and ceilings shall be the following: floors – anti-dust/anti-slip coatings on concrete, ceramic tiles; walls and ceilings – reinforced concrete and dispersion paint. Aluminium windows and doors with appropriate glazing. Façade – connected system with mineral wool and appropriate final layer or similar. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. Main substation The main substation shall be located west from the process plants, on a plateau at an altitude of +24.0 m. The total layout dimensions of the building shall amount to 60.5 x 23.7 m, with one underground level, ground floor and one floor (partially). The total building height shall be 8.9 m. The transformer sections are located on the south-west side, where 110/6.6 kV transformers are located, as well as distribution transformers. Reinforced concrete retaining reservoirs shall be constructed under the transformers. Premises for storing the equipment are located on the opposite side in the ground floor section, where the plants with medium voltage and low voltage shall be located. The premises on the first floor shall contain the auxiliary equipment for ventilation, heating and cooling. The underground level shall contain the cable area. The building shall be of a reinforced concrete bearing structure. Foundation on reinforced concrete slabs is planned in this phase of project development. The final treatment of floors, walls and ceilings shall be the following: floors – anti-dust/anti-slip coatings on concrete, ceramic tiles; walls – reinforced concrete and dispersion paint; ceilings: suspended ceilings with raster and mineral blocks or without suspended ceiling. Aluminium windows and doors with appropriate glazing. Façade – connected system with mineral wool and appropriate final layer or similar. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. Nitrogen plant substation The nitrogen plant substation shall be located west from the process plants, on a plateau at an altitude of +25.0 m, south-east from the nitrogen production plant. The total layout dimensions of the building shall amount to 35.7 x 23.7 m, with one underground level, ground floor and one floor (partial). The total building height shall be 8.9 m. The transformer sections are located on the south-west side, where 110/6.6 kV transformers are located, as well as distribution transformers. Reinforced concrete retaining reservoirs shall be constructed under the transformers.



Premises for storing the equipment are located on the opposite side in the ground floor section, where the plants with medium voltage and low voltage shall be located, as well as the auxiliary equipment. The underground level shall contain the cable area. The building shall be of a reinforced concrete bearing structure. Foundation on a reinforced concrete slabs is planned in this phase of project development. The final treatment of floors, walls and ceilings shall be the following: floors – anti-dust/anti-slip coatings on concrete, ceramic tiles; walls – reinforced concrete and dispersion paint; ceilings: suspended ceilings with raster and mineral blocks or without suspended ceiling. Aluminium windows and doors with appropriate glazing. Façade – connected system with mineral wool and appropriate final layer or similar. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. Emergency power generator In case of disruption in the supply of the Terminal with electricity from the public network, the necessary quantities of electricity shall be ensured from internal power sources. The emergency power shall include process and auxiliary equipment used for plant shutdown or maintaining the cold state of the plant, i.e. the most important equipment and emergency lighting. Two diesel electric generators are provided for this purpose. Diesel electric generators shall be complete package units located within a 12-meter container. Each unit shall have a power motor and alternator with all the necessary equipment, a diesel fuel tank with the volume of 500 l and a transformer section. The diesel electric generators shall be located next to the main substation and shall be assembled on the previously constructed reinforced concrete foundation slab. An underground diesel fuel storage tank with a capacity of 50 m

3 shall be located in the immediate vicinity.

The tanks shall be double wall and shall be laid onto the sand bed on the reinforced concrete foundation slab. The handling area on the east side shall have a place for a truck tanker, for the purposes of filling the diesel fuel tanks. This area shall be constructed as waterproof, resistant to petroleum products and connected to the oily sewage system. Fire water tank and pump station The fire water tank and pump station shall be located on the north side of the auxiliary plants, on a plateau at an altitude of +25.0 m, near the air preparation unit. The tank is cylindrical, vertical, with a diameter of 18 m, height of 16 m and capacity of approx. 4,000 m3. A fire water pump station shall be constructed next to the tank, which shall contain three fire pumps: two of a lower capacity, for pressure maintenance in the hydrant network and one of medium capacity, for testing the fire protection system. An expansion vessel for the hydrant network shall be assembled next to the pressure maintenance pumps, in order to reduce the number of times the pumps are turned on. The pump station shall be of layout dimensions 12.6 x 8.6 m, height 6.0 m from the surrounding area, of steel structure, with columns from rolled steel profiles and steel roof structure. A secondary structure for façade, i.e. cover plate suspension shall be mounted on the steel structure. The foundations are planned to be reinforced concrete. The pump foundations are also of reinforced concrete structure, dilated in relation to the rest of the facility. The façade and roof coating shall be prepared from metal insulation panels. In case of a major fire, high-capacity fire pumps shall be used, which are located in the pump station next to the dock (sea water). Water supply and wastewater disposal It is planned for the LNG Terminal to connect to the water supply network. The planned Terminal consumption for sanitary purposes is estimated to 3 m

3 per day.

A separate sewage system shall be constructed at the Terminal, which shall collect the wastewater according to type. The auxiliary plants and facilities for disposal include a collection pit for sanitary wastewater, devices for pre-treatment of storm water or wastewater from potentially oily surfaces (loading points, workshops), storm water treatment devices before discharge into the watercourse Dobrovica, that is discharge into the sea and the device for pre-treatment of technological wastewaters before connecting to the existing Central wastewater treatment device (BIOX), which is located within the DINA Petrokemija plant. The technological wastewater pre-treatment shall be performed in the so-called primary sedimentation tank. The basic application of the primary sedimentation tank is to remove the insolvent floating and settleable material through a physical wastewater settling procedure, in order to facilitate the next purification phase.



The structure of the pre-treatment device is of monolith waterproof building made from reinforced concrete and equipped with bottom sludge scrapers and water surface floating material collectors. Waste sludge shall be formed after the technological wastewater pre-treatment. The waste sludge composition shall depend on the selected method of wastewater treatment and the auxiliary means which shall be used. Pursuant to the regulations relating to waste management, the separated sludge shall be periodically analysed by certified laboratories with the aim of determining their exact composition. Analysis shall determine whether they shall be classified as hazardous or non-hazardous technological waste and accordingly, shall be further disposed by legal entities authorised for waste disposal. After the pre-treatment, the mechanically purified technological wastewater shall be referred to further treatment (via meters) to the Central wastewater treatment device (BIOX) of DINA Petrokemija. The subject device was constructed for the treatment of plant technological wastewater, as well as the wastewaters of sanitary, oily and storm water sewage. The system enables chemical and biological treatment of waters which are then discharged into the environment, i.e. the sea, as clean water, pursuant to the valid water permit. The BIOX device is located on the cadastral plots No. 14034, 14035, 14032 and 14033 in the cadastral municipality Omišalj. The wastewater treatment device at DINA Petrokemija is currently not in function, since there are no wastewaters to be treated. It is owned by DINA Petrokemija and is in good condition considering that it was renovated in the spring of 2010. Biological and chemical treatment of DINA wastewaters are performed in the device and per its capacity and technology it is surely capable of meeting the needs of the LNG Terminal. In addition to all sanitary waters of DINA Petrokemija, other flows of process wastewaters also flow into BIOX. The main parts of this plant are the following:

equalising basin

impact quantity basin

sanitary water pump shaft

aeration tanks I and II

sedimentation tanks I and II

sludge tanks

For the purposes of efficient work of the wastewater purification biological process, it is necessary to keep an optimum ratio of BOD5 : nitrogen : phosphate = 100 : 5 : 0.5. In case one of the necessary parameters is lacking, the dosage of chemicals shall be performed. Nitrogen shall be asses as (NH4)2SO4 or similar chemical and phosphate as H3PO4. In order to prevent foaming, the dosage of chemicals is performed when necessary. The dosage of NaOH or HCl is performed automatically. These chemicals are stored in the chemical station (3 tanks). The NaOH (DV-402) tank has a volume of 10 m3 and is thermally insulated and heated by an electrical heater. HCI (DV-401, DV-401 A) tanks are made of glass reinforced plastic and have a volume of 5 m

3 and 10 m

3.

The wastewater quantity after purification (pre-treatment and Central wastewater treatment device of DINA Petrokemija) shall meet the provisions of the Ordinance on emission limit values for wastewater discharges (OG 80/13 and OG 13/14). Building area The building area is located in the space between the dock plants on the west side and process and auxiliary plants on the east side. The following buildings are included here:

administrative building

main control building

workshops, warehouses

fire station building

laboratory

main guard house

Administrative building The administrative building is located in the main entrance zone, north from the internal road on the plateau, at an altitude of +31.0 m. The administrative building is a free standing building, consisting of two tracts, while the main entrance is located at their connection. The total layout dimensions of the building amount to 40.5 x 22.5 m. The storeys of the building consist of the ground floor and the first floor.



Premises for the work of 30 persons shall be located inside the building, which includes office rooms, meeting rooms and rooms for client reception, entrance area with a reception desk and auxiliary rooms (kitchenette, sanitary facilities and storages). The building shall be of reinforced concrete bearing structure, with non-load bearing internal partitions in order to ensure flexibility in the organisation and use of internal space. The final treatment of floors, walls and ceilings shall be compliant with the intended use of the premises: floors – stone slabs, ceramic tiles; walls – ceramic tiles, cement and gypsum boards with dispersion paint; ceiling: suspended ceilings with raster and mineral blocks or flat gypsum boards. The doors and windows are planned to be aluminium, with appropriate glazing. The façade is planned as ventilated, covered with façade boards and opening protection against excessive sunlight. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. The technical solutions and details relating to the heat and noise protection, energy savings and fire protection shall be defined in the following phases of project development. A parking lot for the accommodation of employee vehicles shall be constructed east from the administrative building. Main control building The main control building shall be located west from the administrative building, on a plateau at an altitude of +31.0 m. The control building is free standing, single-storey, of layout dimensions of 30.3 x 21.3 m and the height of 5.3 m from the surrounding area. The main control building shall house the equipment and personnel whose function is to manage and supervise the working condition of all plants at the LNG Terminal. In addition, all of the safety parameters of Terminal operation shall be monitored in the main control building. The management and supervision of Terminal operation shall be performed from the main control room, around which all the other premises in the building are organised. These are the engineering room, rooms for the storage of auxiliary equipment, electrical equipment, telecommunication and radio equipment, uninterruptible power supply equipment, as well as other rooms (rooms for staff, training, meetings) and auxiliary rooms (kitchenette, sanitary facilities, storages, archive). It is predicted that 5 employees shall work in the main control building per shift. The building shall be of reinforced concrete bearing structure, with non-load bearing internal partitions in order to ensure flexibility in the organisation and use of internal space. The construction of a raised floor is planned in one part of the building. The final treatment of floors, walls and ceilings shall be compliant with the intended use of the premises: floors – linoleum, PVC boards, ceramic tiles; walls – ceramic tiles, cement and gypsum boards with dispersion paint; ceiling: suspended ceilings with raster and mineral blocks or flat gypsum boards. The doors and windows are planned to be aluminium, with appropriate glazing. The façade is planned as ventilated, covered with façade boards and opening protection against excessive sunlight. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. The technical solutions and details relating to the heat and noise protection, energy savings and fire protection shall be defined in the following phases of project development. Workshops and warehouses The workshops and warehouses facility is located north from the auxiliary plant zone, on a plateau at an altitude of +28.0 m. It is a free standing facility comprised of two units.



The north-west side shall accommodate the hall with the bridge crane – the main work area for servicing the elements of the process and auxiliary equipment, steel structures, etc. The layout dimensions of the hall amount to 30.5 x 16.3 m, with a height of 15 m from the surrounding area. A steel structure of the hall is predicted in this phase of project development, with columns from rolled steel profiles and steel roof structure. A secondary structure for façade, i.e. cover plate suspension shall be mounted on the steel structure. The foundations are planned to be reinforced concrete, spread footings, connected with grade beams. A crane service platform shall be located next to the crane runway. The façade and roof coating shall be prepared from metal insulation panels. The south-east part shall house smaller individual specialised workshops (for electrical works, instrumentation), storage connected directly with the hall and two small warehouses (oil and lubricant warehouse, tool and spare parts warehouse). In addition, this part of the building shall also contain office and auxiliary rooms and the main entrance with the staircase. This part of the building shall have storeys consisting of the ground floor + one floor, with layout dimensions of 18.3 x 24.3, height of 9.0 m from the surrounding area. This part of the building is planned to have a reinforced concrete bearing structure. The final treatment of floors, walls and ceilings shall be compliant with the intended use of the premises: floors – stone slabs, ceramic tiles, self-levelling industrial floors; walls – ceramic tiles, cement and gypsum boards with dispersion paint; ceiling: cement, i.e. suspended ceilings with raster and mineral blocks or flat gypsum boards. The doors and windows are planned to be aluminium, with appropriate glazing. Façade - connected system with mineral wool and appropriate final layer or similar and opening protection against excessive sunlight. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. The technical solutions and details relating to the heat and noise protection, energy savings and fire protection shall be defined in the following phases of project development. Road access to the workshops and warehouses shall be constructed from the plateau next to the facility. Laboratory The laboratory shall be located north-west from the main control building, on a plateau at an altitude of +31.0 m. The laboratory is a free standing single-storey building with layout dimension of 6.3 x 20.3 m and height of 5.3 from the surrounding area. The building is intended to house the work premises for the laboratory, office, storage, entrance area and sanitary facilities. The building shall be of a reinforced concrete bearing structure. The final treatment of floors, walls and ceilings shall be compliant with the intended use of the premises: floors – stone slabs, ceramic tiles, self-levelling industrial floors; walls – ceramic tiles, cement and gypsum boards with dispersion paint; ceiling: cement, i.e. suspended ceilings with raster and mineral blocks or flat gypsum boards. The doors and windows are planned to be aluminium, with appropriate glazing. Façade - connected system with mineral wool and appropriate final layer or similar and opening protection against excessive sunlight. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. The technical solutions and details relating to the heat and noise protection, energy savings and fire protection shall be defined in the following phases of project development. Fire station building The fire station building is located west from the warehouse and workshops facility, on a plateau at an altitude of +30.0 m. This is a free standing facility, consisting of two units.



The north-west side houses the rooms for accommodation and training of firefighter personnel, together with auxiliary and service rooms and the infirmary. The southeast side houses the garage for intervention fire fighting vehicles. It is a single-storey building, with layout dimensions of 43.8 x 24.3 m, height in the northwest part of 5.3 m and in the southeast part (garages) 7.3 m from surrounding area. The building is planned to be of reinforced concrete structure. The final treatment of floors, walls and ceilings shall be compliant with the intended use of the premises: floors – stone slabs, ceramic tiles, self-levelling industrial floors; walls – ceramic tiles, cement and gypsum boards with dispersion paint; ceiling: cement, i.e. suspended ceilings with raster and mineral blocks or flat gypsum boards. The doors and windows are planned to be aluminium, with appropriate glazing. Façade - connected system with mineral wool and appropriate final layer or similar and opening protection against excessive sunlight. Strong and weak current electrical installations shall be installed within the building, as well as water supply and sewage installations, premise heating, ventilation and cooling and fire protection systems. The technical solutions and details relating to the heat and noise protection, energy savings and fire protection shall be defined in the following phases of project development. Road access shall be constructed from the plateau on the west side. Main guard house The main guard house is a single-storey building with layout dimensions of 12.5 x 5.5 m, height of 4.0 m from the surrounding area. The guard room, reception, wardrobe and sanitary facilities, as well as a kitchenette shall be located inside the guard house. A porch shall be constructed on the access side. The building is designed as a brick structure, with reinforced concrete ceiling slab, all based on reinforced concrete strip foundation. Eaves shall be constructed for protection against excessive sunlight. The LNG Terminal shall be located within an enclosed area. The construction of a double fence is planned, with a minimum external height of 2.5 m and additional slanted top 0.4 m long and minimum internal height of 2.0 m. The space between the external and internal fence shall be 2 m. In the area along the watercourse Dobrovica, the fence shall be constructed at a minimum distance of 10 m from the banks of the watercourse bed. External infrastructure External infrastructure includes the following:

connecting HV cable

connecting water pipeline

fire water pipeline

sewage system

Connecting HV cables The connecting high-voltage cables shall be placed from the RP Omišalj to the switchyard within the LNG Terminal. According to PES, the measuring point for the takeover of electricity is located in the RP Omišalj. After leaving the RP Omišalj area, the cable route is laid down to the south, along the existing pipeline. After approx. 500 m it passes under a torrent and after approx. 110 m it reaches the transmission gas pipeline. In the corridor with the transmission gas pipeline, the cable route passes under the road D102 and after approx. 160 m it passes under the access road for the LNG Terminal and enters the corridor with the connecting pipeline. The route continues in a southwest direction, follows the access road for the Terminal and after approx. 710 m is passes under the connecting gas pipeline. Later it continues to follow the access road, following the southwest direction and finally passes under the access road, entering the terminal area into the HV plant building.



The cables are laid into a trench, at a depth of Min. 1 m under the terrain surface, in a total length of approx. 2450 m. Connecting water pipeline The connecting water pipeline shall be set up from the water gauge shaft in the vicinity of the road Omišalj – Krk (D102) to the LNG Terminal. The water gauge shaft shall be located near the existing transmission pipeline AC-C 125. After leaving the water gauge shaft, the pipe route shall be set up in the north direction and after approx. 160 m it passes under the transmission gas pipeline. Later on it turns in the southwest direction and enters the corridor with the connecting HV cable. The route follows the access road to the Terminal and after approx. 695 m it passes under the connecting gas pipeline. It then continues to follow the access road, turns in the northwest direction and finally passes under the access road and enters the terminal area. The connecting pipeline is laid into a trench at a depth of Min. 1 m under the terrain surface, in a total length of approx. 1720 m. Fire water pipeline The construction of a fire water pipeline is planned from the existing fire water pipeline within the DINA Petrokemija plant to the limits of the LNG Terminal. This pipeline shall be constructed in order to ensure the connection of fire protection systems of the Terminal and the existing water tanks CD-320. Sewage system A sanitary sewage system pipeline and a technological sewage system pipeline shall be set up from the LNG Terminal to the existing Central wastewater treatment device located within the DINA Petrokemija plant. GAS TRANSMISSION PIPELINE Gas pipeline route The construction of a gas transmission pipeline includes the following:

pipeline DN 1000/100 bar from st 0+000.00 to st 3+175

optical cable – 2 pipes, HDPE d50

The initial point of the gas pipeline is within the LNG Terminal area, at the measuring line exit. After leaving the Terminal area, the gas transmission pipeline route turns southeast and is situated between the industrial road and DINA Petrokemija fence, at a distance of approx. 20 m from the industrial road and approx. 40 m from the DINA Petrokemija fence. After approx. 640 m the gas pipeline passes under the industrial road and then turns north-east, going parallel with the industrial road, after approx. 750 m it passes 15 m from the torrent and under the state road Omišalj – Krk. The gas transmission pipeline continues in the northeast direction, passes east from the torrent, at a distance of 19 m i.e. 25 m, goes around the substation and turns north-west, crossing again the state road Omišalj – Krk, while after approx. 280 m it crosses the local road for Omišalj. Immediately after crossing the local road, the gas pipeline turns west and after approx. 220 m it enters the gas node PČ Omišalj.



DEADLINES OF EXECUTION OF SERVICE:

Table 1. Service Deadlines

POINT OF REFERENCE DEADLINES* of finishing of activity from the date

of Contract signing (Calendar Days)

1 Preparation of tender documents (Request for proposal) for the prequalification of potential Bidders

30

2 Valuation (evaluation) of the submitted prequalification bids

120

3 Preparation of tender documents (Request for proposal) for the construction

150

4 Valuation (evaluation) of the received bids 300

5 Preparation of the proposal of the Contract with the Design Contractor, obtaining the permits, equipment delivery and construction in accordance with FIDIC

330

6 Participation in meetings and negotiations Continuous to concluding the contract with the selected bidder for EPC

7 Consulting services during the implementation of the Contract

Continuously from concluding a contract with the selected bidder for

the EPC to termination of the Contract

*Service Deadlines are given in calendar days from the date of initiation to service implementation



(III) CONTRACT PROPOSAL LNG CROATIA LLC. Zagreb, Savska cesta 88 A, PIN: 53902625891, represented by the Directork, Mladen Antunović, B.Sc., on the one hand (hereinafter referred to as: the Principal) and _______________________, _______________________, PIN: ________________, represented by _______________________ on the other hand, (hereinafter referred to as: the Service Provider). concluded on, _______________, in Zagreb, the following:

CONTRACT

ON PROVISION OF SERVICE PREPARATION OF TENDER DOCUMENTATION FOR THE CONSTRUCTION OF THE LNG TERMINAL KRK AND CONSULTING SERVICES RELATED

TO CONSTRUCTION CONTRACT FOR LNG TERMINAL KRK

INTRODUCTORY CLAUSE

Article 1 The Contracting Parties mutually determine the following:

- that pursuant to the Tender Documents (hereinafter referred to as: TD) on 17 June 2015 the Pruncipal published an invitation for the provision of service preparation of tender documentation for the construction of the LNG terminal Krk and consulting services related to construction contract for LNG terminal Krk (hereinafter referred to as: the Project),

- that the Service Provider submitted a bid for the provision of the aforementioned services, thereby accepting all the conditions stipulated in the TD;

- that the Principal has accepted the bid submitted by the Service Provider as the economically most favourable bid, thus acquiring the conditions for the conclusion of this contract.

SUBJECT OF THE CONTRACT

Article 2 The subject of this contract are the services for preparation of tender documentation for the construction of the LNG terminal Krk and consulting services related to construction contract for LNG terminal Krk (hereinafter referred to as: Adviser Services). The service scope referred to in paragraph 1 of this Article, in accordance with the cost estimate referred to in part B(II) of the TD and the Project Task referred to in part C of the TD, includes the following:

1. PREPARATION OF TENDER DOCUMENTS FOR THE PRE-QUALIFICATION OF POTENTIAL BIDDERS FOR THE PERFORMANCE OF CONSTRUCTION WORKS IN ACCORDANCE WITH THE PROJECT TASK, IN THE CROATIAN AND ENGLISH LANGUAGE

2. VALUATION (EVALUATION) OF THE SUBMITTED PRE-QUALIFICATION REQUESTS FOR PARTICIPATION, IN THE CROATIAN OR ENGLISH LANGUAGE

3. PREPARATION OF TENDER DOCUMENTS FOR THE PERFORMANCE OF CONSTRUCTION WORKS IN ACCORDANCE WITH THE PROJECT TASK, IN THE CROATIAN AND ENGLISH LANGUAGE

4. VALUATION (EVALUATION) OF THE SUBMITTED BIDS, IN THE CROATIAN OR ENGLISH LANGUAGE



5. PREPARATION OF FIDIC CONTRACT

6. PARTICIPATION IN MEETINGS AND NEGOTIATIONS, AS WELL AS ALL OTHER SERVICES WITHIN THE SCOPE AS DEFINED BY THE PROJECT TASK

7. CONSULTING SERVICES DURING THE CONTRACT REALISATION, ALL ACCORDING TO THE

ACTUAL NEEDS AND INDIVIDUAL REQUIREMENTS OF THE PRINCIPAL

The Service Provider shall submit the documentation which is the subject of this contract to the Principal in three written copies and on electronic medium, in the original form, on the Croatian and English languages. The electronic version shall contain a PDF document and the original version of the document (Word, Excel or another appropriate electronic form).

CONTRACT DOCUMENTS

Article 3 The Contracting Parties agree that the following documents shall form an integral part of this Contract:

a) Performance Guarantee (APPENDIX 1); b) Tender Documents (APPENDIX 2); c) Deadlines of execution of services (APPENDIX 3), d) Bid with the Service Provider's Cost Estimate (APPENDIX 4).

QUALIFIED AND INDEPENDENT SERVICE PROVIDER

Article 4

The Service Provider hereby declares that they possess complete experience and appropriate qualifications, as well as dispose with the appropriate qualified personnel, equipment and organisational and financial means necessary for the provision of services which are the subject of this contract. By signing this contract, the Service Provider declares that they are familiar with the subject of this contract, i.e. the services which shall be provided pursuant to the Public Tender Documents, and that they are assured of the elements, conditions and the general and particular conditions significant for the service costs, as well as all other conditions which may influence service provision. By signing this contract, the Service Provider guarantees their professional independence in the provision of services which are the subject of this contract, and are obliged to report to the Principal any conflict of interest regarding the bidders in the tender procedure for the construction of LNG terminal Krk. Data on the Service Provider are the following: Name (of the group leader of) service provider: _________________________________

Address of seat: ________________________________________________

PIN: ________________________________________________ or national ID number according to the country of seat of the (group leader of) service provider, if applicable Account number: ________________________________________________

(Group leader of) Service Provider in the VAT system (please circle): YES NO

Address for mail delivery: ________________________________________________

E-mail address: ________________________________________________ Contact person of the Service Provider: ________________________________________________

Telephone number: ________________________________________________ Telefax number: ________________________________________________ In case of a bid submitted by a group of bidders (hereinafter referred to as: GB), please list the other members of the group of service providers.



Name of the GB member: ______________________________________________

Address of seat: ________________________________________________

PIN: ________________________________________________ or national ID number according to the country of seat of the GB member, if applicable

Account number: ________________________________________________ GB member in the VAT system (please circle): YES NO


E-mail address: ________________________________________________

Contact person of the GB member: ________________________________________________

Telephone number: ________________________________________________

Telefax number: ________________________________________________ Name of the GB member: ______________________________________________

Address of seat: ________________________________________________

PIN: ________________________________________________ or national ID number according to the country of seat of the GB member, if applicable

Account number: ________________________________________________ GB member in the VAT system (please circle): YES NO


E-mail address: ________________________________________________

Contact person of the GB member: ________________________________________________


Telefax number: ________________________________________________ All members of the group of service providers shall be responsible to the Principal with regard to the fulfilment of obligations and possible damages incurred. SUBCONTRACTORS

Article 5 The Contracting Parties mutually agree that the Service Provider may engage as their subcontractors also other companies, which perform the activities corresponding to those necessary for the fulfilment of contractual obligations undertaken by the Service Provider. The Contracting Parties mutually determine that the Service Provider may engage as their Subcontractors only those companies or natural persons listed din the Service Provider's bid. The Service Provider shall be held responsible for the work performed by the Subcontractors.

The Contracting Parties mutually determine that the Service Provider shall subcontract the following parts of this contract:

Service name: ________________________________________________ Service quantity/scope: ________________________________________________ Service value: ________________________________________________ Location of service provision: ________________________________________________ Service provision deadline: ________________________________________________



The subcontractor information shall be the following:

Name of the Subcontractor: ______________________________________________

Address of seat: ________________________________________________

PIN: ________________________________________________ or national ID number according to the country of seat of the Subcontractor, if applicable

Account number: ________________________________________________ Subcontractor in the VAT system (please circle): YES NO


E-mail address: ________________________________________________

Contact person of the Subcontractor: ________________________________________________


Telefax number: ________________________________________________ Subcontractor participation does not diminish the Service Provider's responsibility for regular and complete performance of this Contract.

EXPERTS OF THE SERVICE PROVIDER

Article 6 The Service Provider may not, without prior written consent from the responsible person of the Principal, change the subcontractors as well as experts from the Bid (APPENDIX 4) which shall be engaged in the performance of the advisory services, which are the subject of this Contract. DEADLINE

Article 7 The Service Provider undertakes to perform the contracted services, as well as to submit the data and documentation to the Principal, that is the person determined by the Principal, within the deadlines determined in Deadlines of services in Table 1. of TD, including the initial deadline from the entry into force of this Contract.

The deadline for the completion of all the contracted services is 4 (four) years from the date of entry into force of this Contract.

Deadlines for service provision may be extended in the following cases: - force majeure; - if the Principal issues an order for temporary service suspension; - if the Principal, i.e. third person acting upon the order of the Principal is late.

The deadlines may be extended only if the Service Provider informs the Principal in a timely manner with regard to the occurrence of circumstances crucial for extension. The term “force majeure” signifies an external event, which at the time of contract conclusion could not have been foreseen, nor prevented, avoided or eliminated by the Contracting Party, and for which neither of the parties is responsible. In case the performance of this contract is delayed due to force majeure, any of the Contracting Parties shall, within 24 hours since the occurrence of the event classified as force majeure, notify the other party in the most appropriate manner, and shall also notify them in written form, together with a statement describing the force majeure and its effect on service provision. In case of force majeure, unless otherwise specified in written form by the Principal, the Service Provider shall continue to undertake and perform their duties defined in this contract, in such measure as reasonably possible. In the cases stipulated in this Article, the Principal and the Service Provider agree to conclude a supplementary contract which shall define the new deadline for service provision, and which shall signify an extension of the originally defined deadline.



PRICE

Article 8 The Principal undertakes to pay to the Service Provider for the regularly and completely performed services which are the subject of this contract the total amount of

________________________________,

(________________________________________________________). (in letters)

Value added tax is not calculated in the above mentioned price, and shall be calculated in accordance with the Croatian regulations during the invoicing. The contract price referred to in paragraph 1 of this Article is fixed and is not subject to corrections, and is determined pursuant to the bid submitted by the Service Provider, issued in accordance with the TD. The contract price referred to in paragraph 1 of this Article includes all services and all other activities required by the Service Provider in order to perform the contracted services in the contracted scope and quality. The contract price referred to in paragraph 1 of this Article is comprised of the prices for the completion of individual phases of contracted services, listed in the Cost Estimate in the Bid, as follows:

Item Name Service provider

share

Subcontractor share

Price

1

PREPARATION OF TENDER DOCUMENTS FOR THE PRE-QUALIFICATION OF POTENTIAL BIDDERS FOR THE PERFORMANCE OF CONSTRUCTION WORKS IN ACCORDANCE WITH THE PROJECT TASK, IN THE CROATIAN AND ENGLISH LANGUAGE

2

VALUATION (EVALUATION) OF THE SUBMITTED PRE-QUALIFICATION REQUESTS FOR PARTICIPATION, IN THE CROATIAN OR ENGLISH LANGUAGE

3

PREPARATION OF TENDER DOCUMENTS FOR THE PERFORMANCE OF CONSTRUCTION WORKS IN ACCORDANCE WITH THE PROJECT TASK, IN THE CROATIAN AND ENGLISH LANGUAGE

4 VALUATION (EVALUATION) OF THE SUBMITTED BIDS, IN THE CROATIAN OR ENGLISH LANGUAGE

5 PREPARATION OF FIDIC CONTRACT

6

PARTICIPATION IN MEETINGS AND NEGOTIATIONS, AS WELL AS ALL OTHER SERVICES WITHIN THE SCOPE AS DEFINED BY THE PROJECT TASK

7

CONSULTING SERVICES DURING THE CONTRACT REALISATION, ALL ACCORDING TO THE ACTUAL NEEDS AND INDIVIDUAL REQUIREMENTS OF THE PRINCIPAL

TOTAL PRICE:



CALCULATION AND PAYMENT OF SERVICES PROVIDED

Article 9 The calculation and payment of the services provided shall be performed upon completion of the advisory services, in accordance with the Deadlines of execution of services and upon completion of each individual unit. Payment shall be performed on the basis of invoices issued by the Service Provider, certified by the Principal, within 60 (sixty) days from the date of certification. It is considered that the Principal agrees with the situation (invoice) if it is not uncertified or contested within 8 (eight) days. The Service Provider shall issue the invoice after the completion of each individual unit set out in the Cost Estimate or the Project Task, which shall, with the prior approval of the Client, allow for the transfer of the time table fund from one unit to the other if necessary, however so that the time table transfer does not change the overall contract price referred to in Article 8 of this Contract. Before the situation is issued by the Service Provider, the parties shall compile a Record on determining the degree of service completion which shall determine whether they have been partially or fully completed. If the Principal contests the well-foundedness or the quantity of the calculated amount, they shall inform the Service Provider thereof in written form, within the deadline set for the certification of the situation. Contesting part of the situation shall not affect the payment of the non-contested part of the situation. The Service Provider shall clarify or justify the contested or disputed items, and the Principal agrees to resolve the contested or disputed items within 15 days from the date of receiving the written justification from the Service Provider. Payment shall be performed via cashless transactions to the giro account of the Service Provider.

CONTRACTUAL PENALTY

Article 10 The Service Provider shall pay to the Principal the contractual penalty for delay in the fulfilment of contracted services. The contractual penalty shall amount to 5% of the contract value, for each day of delay which may be attributed to the responsibility of the Service Provider, with regard to the contract performance deadline, and to a maximum of ten percent (10%) of the total contract price. The Principal is entitled to the contractual penalty regardless of the entitlement to compensation for damages, while if the damages incurred exceed the amount of contractual penalty, they are entitled to request the difference to full compensation for damages. The Principal is entitled to charge the contractual penalty amount from the Contract performance guarantee.

QUALITY OF SERVICES PROVIDED

Article 11 The Service Provider undertakes to provide the contracted services in a professional, quality and conscientious manner, in accordance with the rules of profession, the valid laws and other regulations referring to the area included in the subject of this contract. The Service Provider shall preform at own expense all the amendments to the documentation which they are required to perform as part of the subject of this contract, and which are required by the Principal, if the remarks are based on the regulations or are caused by errors, oversight or insufficient study of the bases and the Project Task by the Service Provider.

DOCUMENTATION RIGHTS

Article 12 The Service Provider is not entitled to assign for use to third persons the rights listed in the documentation which shall be prepared by the Service Provider as part of this contract, unless this is necessary for the purposes of completing the contracted services and performed at the request of the Principal.



CONTRACT PERFORMANCE GUARANTEE

Article 13 The Service Provider guarantees to the Principal that they shall perform all the contracted services in a professional and quality manner in accordance with the contracted conditions, and especially with regard to the completion deadline, and authorises the Principal to charge the Service Provider the amount of damages in case of non-fulfilment of the contract or failure to fulfil it within the deadline. As the contract performance guarantee, the Service Provider shall submit to the Principal an irrevocable bank guarantee payable at first call and issued in the value of 15% of the total contract price, no later than 15 (fifteen) work days after signing this contract. The contract performance guarantee shall be valid 30 (thirty) days longer than the Contract performance deadline. The Service Provider shall extend the contract performance guarantee deadline until the completion of all contracted services, and until the removal of all possible deficiencies.

The contract performance guarantee amount shall be paid to the Principal as compensation for any loss resulting from failure to fulfil the contractual obligations by the Contractor, as well as in case the Service Provider fails to extend the Guarantee validity. The contract performance guarantee shall be returned to the Service Provider no later than 10 (ten) days after the expiry of validity.

All payments based on the contract performance guarantee shall be performed to the account of LNG CROATIA LLC. in Privredna Banka Zagreb d.d. <Plc.> IBAN: HR8723400091110441180 (BIC: PBZGHR2X).

OBLIGATION TO COOPERATE

Article 14 The Service Provider is obliged to maintain continuous cooperation with the Principal and other advisers of the Principal, as well as to notify with regard to all aspects significant for the services which they provide, for the entire duration of service provision, and shall particularly warn of all deficiencies, irregularities and inaccuracies in the obtained data, which they notice while acting in accordance with the rules of the profession. It is the Service Provider's duty to organise presentations and coordination meetings for the Principal's representatives, at least once a week for the duration of service provision. They shall keep records of the presentations and coordination meetings held, and shall deliver them to the responsible persons via electronic mail within 3 (three) days from the date of the meeting. The Service Provider shall successively submit parts of the documentation which they are obliged to prepare within the subject of this contract, for consent and comment of the Principal. The Principal shall comment or remark the delivered documentation within 7 (seven) work days. If the Principal requires a longer deadline for the comment or remarks to the delivered documentation, they shall inform the Service Provider thereof before the expiry of the 7 (seven) – day deadline, and provide a deadline for delivering their comment or remark. In case the Principal fails to provide the comment or remark within this deadline, such documentation shall be considered accepted by the Principal. The Service Provider and the Principal shall issue a written statement appointing their authorise representatives for the performance of this contract, within three days after signing the contract.

SUBCONTRACTORS

Article 15 The contracting parties mutually agree that the Service Provider may hire as Subcontractors other companies which perform the activity corresponding to that necessary for the fulfilment of contractual obligations of the Service Provider. The contracting parties mutually determine that the Service Provider may only hire as



Subcontractors those companies or natural persons which are listed in the Service Provider's bid. The Service Provider shall be responsible for the work performed by the Subcontractor.

EXCHANGE OF DATA

Article 16 The Principal undertakes to put at the Service Provider's disposal, without delay, all the accessible and available data, as well as documents, necessary for a quality and timely performance of the contracted services. The Service Provider is obliged to ensure for the Principal permanent access to the data relating to the completion of services included in this contract. The Service Provider undertakes to exchange data with the other advisers of the Principal during the performance of services which are part of this contract, and all within the deadlines of execution of service, which is enclosed in Appendix 3 to this Contract. The method of data exchange, as well as its scope, shall be determined, or at the Service Provider's proposal approved, by the Principal. The Service Provider undertakes to inform the Principal in written reports and on a monthly basis, with regard to the progress of service provision activities included in this Contract. The content and form of the report shall be determined by the Principal.

DATA SECRECY

Article 17 The Service Provider undertakes to keep as business secret all the data obtained from the Principal or third parties upon the Principal's order, with regard to this contract. All the data prepared by the Service Provider or their subcontractors for the purposes of this contract shall be considered as a business secret as well. The Service Provider is not allowed, except in case of persons hired for the Contract realisation, to disclose the Contract or any of its provisions, technical conditions or any its part, without written consent from the Principal. The Service Provider is not allowed, without written consent from the Principal, to use any document or information from this Contract, except for the Contract realisation purposes. In case the Service Provider or any of their Subcontractors fail to comply with the data secrecy obligation, the Principal is entitled to a compensation of the damages incurred, as well as to all the benefits which the Service Provider or their Subcontractor have realised for themselves or for others. In case the Service Provider or any of their Subcontractors fail to comply with the data secrecy obligation, the Principal is entitled to terminate the contract regardless of the damages incurred. CONTRACT TERMINATION

Article 18 The Principal may terminate this Contract with a unilateral written statement if the Service Provider provides the services in a disorderly manner or fails to meet their obligations undertaken in this contract. The Principal is entitled to a unilateral termination of contract in the case referred to in the previous paragraph of this Article, only if the Principal had previously set a subsequent appropriate deadline for service provision, and the Service Provider still failed to fulfil their contractual obligation even in the subsequent deadline. The Principal is entitled to terminate the Contract if the Service Provider fails to submit the contract performance guarantee within the contracted deadline The Principal may unilaterally terminate the Contract with the Service Provider at any time, without the Service Provider being entitled to a compensation, if a bankruptcy procedure, pre-bankruptcy settlement or a liquidation procedure is initiated over the Service Provider, or if they are managed by a person nominated by the competent court or is in any other manner insolvent.



The contracting party which caused the termination of this contract is obliged to compensate all damages to the other contacting party, which the other contracting party may have suffered due to the contract termination.

RESOLUTION OF DISPUTES

Article 19 The parties mutually determine that all the possible disputes which may arise from this contract or relating to this contract, shall be primarily resolved through agreement. The parties mutually determine that the Croatian law shall be applied in order to resolve all disputes arising from this contract, including those disputes referring to the issues regarding its validity, violation or termination, as well as the legal effects arising therefrom. All disputes arising from this contract and in relation to this contract, including the issues regarding its valid creation, violation or termination, as well as the legal effects arising therefrom, shall be finally resolved through arbitration in accordance with the effective Rules of Arbitration at the Permanent Arbitration Court of the Croatian Chamber of Economy (Zagreb Rules).

FINAL PROVISIONS

Article 20 Neither of the parties is entitled to transfer this contract to a third party without obtaining prior written consent from the other contracting party. The parties mutually determine that all the provisions of this contract may be amended only pursuant to a written annex to the contract, the validity of which is conditioned by the signatures from authorised persons on both sides. In case any of the provisions in this contract ceases to be valid, all the other contractual provisions shall remain in force and have legal effect. In the case referred to in the previous paragraph, the contracting parties shall mutually replace the invalid provision with a new, appropriate provision. The provisions of the Civil Obligations Act and other applicable regulations, shall be applied to all other issues not regulated by the provisions of his contract.

Article 21 This Contract is prepared in 6 (six) identical copies, of which each contracting party shall keep 3 (three), which is confirmed by their signatures on this Contract.

Article 22 As sign of acceptance of the rights and obligations set out in this contract, this contract is signed by the legal representatives of both contracting parties.

SERVICE PROVIDER: PRINCIPAL:

(Name of the bidder) LNG CROATIA LLC

Director

____________________ _______________________

(authorised person) Mladen Antunović, B.Sc.